What is the name of your state (only U.S. law)? Kansas
A former employer of mine was out of town and asked me to run the shop for him (answer phones/service calls) then payday rolls around and he tells his secretary not to pay me for any office time that was %75 of my week so i quit after several years of abuse (i know i should have quit sooner). when he learned that i quit he called me threatening that i would never work in my trade again and that he would have my certificates revoked. I told him to go ahead and figured he got his anger out and it would be over.
I was later contacted by the local police dept. and interrogated over the phone about theft of whatever from his shop. I told the detective that it was a lie and about how this guy was mad cause i left his failed company. nothing seemed to come of it except that there is a record of me being a suspect in a theft .
About 1 year later i get a subpoena to appear as a witness for this guy in a case filed against a man whom i had completed a job for and my former employer advised him to pay me directly for since he didn't have the time or knowledge to complete this job. He was attempting to sue this guy for money he claimed was owed him for this job. Before the case was seen by a judge i received many threatening phone calls and text messages stating that he was getting some money from someone and it didn't matter to him if it was me or this other guy. Being an honest guy i continued my position that i didn't lie for him as an employee and i was gonna start now.
Going in front of the judge i stated that this was my former employers (here on refered to as "FE" ) attempt to extort money from this other guy and also gave him a history of "FE" and his attempts to collect money not owed to him. The case was dismissed against the other party and the judge allowed the petition be amended to show me as the defendant.
1 month later i am served again on this case (same $ amount even) when i appeared in court with 2 witnesses (1 to establish character 1 that he had attempted to extort) he chose not to show his face in the court room. Going before the judge and going through the whole thing again the judge dismissed the case "WITH prejudice" .
9 months later i get served again for the same case same dollar amount and all. The catch here is that the first proceedings were filed in the historic court house and for some reason there is no communication between the historic and the modern court house in the same district . Once again here we go with the same case even the $ amount was the same but this time he hired an attorney in an attempt to pressure me into settling this case in his favor. I tried to tell his attorney that i had a judgment from a judge in the historic court house when i showed up for discovery hearing (i think that is what it's called) and he just started to get real aggressive with me so i shut him down and just told him to set the court date cause i wanted it to go before the judge and that his client was about to make him look like an idiot . The court date arrived and i went in and the attorney wanted to talk again . NOW he wants to acknowledge what i told him about my judgment . He quickly grabs "journal entry of dismissal" motion to dismiss by the plaintiff to dismiss without prejudice at the cost of the plaintiff .
I feel that this case for abuse of process should be easy enough to prove but would love some input from the wise ones at this site.
Thank you in advance for taking the time to read my babble
A former employer of mine was out of town and asked me to run the shop for him (answer phones/service calls) then payday rolls around and he tells his secretary not to pay me for any office time that was %75 of my week so i quit after several years of abuse (i know i should have quit sooner). when he learned that i quit he called me threatening that i would never work in my trade again and that he would have my certificates revoked. I told him to go ahead and figured he got his anger out and it would be over.
I was later contacted by the local police dept. and interrogated over the phone about theft of whatever from his shop. I told the detective that it was a lie and about how this guy was mad cause i left his failed company. nothing seemed to come of it except that there is a record of me being a suspect in a theft .
About 1 year later i get a subpoena to appear as a witness for this guy in a case filed against a man whom i had completed a job for and my former employer advised him to pay me directly for since he didn't have the time or knowledge to complete this job. He was attempting to sue this guy for money he claimed was owed him for this job. Before the case was seen by a judge i received many threatening phone calls and text messages stating that he was getting some money from someone and it didn't matter to him if it was me or this other guy. Being an honest guy i continued my position that i didn't lie for him as an employee and i was gonna start now.
Going in front of the judge i stated that this was my former employers (here on refered to as "FE" ) attempt to extort money from this other guy and also gave him a history of "FE" and his attempts to collect money not owed to him. The case was dismissed against the other party and the judge allowed the petition be amended to show me as the defendant.
1 month later i am served again on this case (same $ amount even) when i appeared in court with 2 witnesses (1 to establish character 1 that he had attempted to extort) he chose not to show his face in the court room. Going before the judge and going through the whole thing again the judge dismissed the case "WITH prejudice" .
9 months later i get served again for the same case same dollar amount and all. The catch here is that the first proceedings were filed in the historic court house and for some reason there is no communication between the historic and the modern court house in the same district . Once again here we go with the same case even the $ amount was the same but this time he hired an attorney in an attempt to pressure me into settling this case in his favor. I tried to tell his attorney that i had a judgment from a judge in the historic court house when i showed up for discovery hearing (i think that is what it's called) and he just started to get real aggressive with me so i shut him down and just told him to set the court date cause i wanted it to go before the judge and that his client was about to make him look like an idiot . The court date arrived and i went in and the attorney wanted to talk again . NOW he wants to acknowledge what i told him about my judgment . He quickly grabs "journal entry of dismissal" motion to dismiss by the plaintiff to dismiss without prejudice at the cost of the plaintiff .
I feel that this case for abuse of process should be easy enough to prove but would love some input from the wise ones at this site.
Thank you in advance for taking the time to read my babble