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Do I need to prevail on my initial claim to have an abuse of process claim against Defendant for their counterclaim?

Coon Rapids, MN |

We were forced into filing a claim against our landlord, as they put a fraudulent claim on our credit. They countered. We can prove the counterclaim of the landlord was fraudulent and that they knew it to be at the time they first filed. They had the initial case dismissed w/o prejudice on the basis they were the incorrect party. We found new evidence and brought the action again, they brought the exact same counterclaim they just dismissed by saying they were not the correct party. Their claims were dismissed w/ prejudice on judicial estoppel (already said not the correct party) ours were disposed of by summary judgment for Defendant not being the correct party. Do I have to prevail on my initial claim in order to have an abuse of process claim against them? It seems I would not.

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Filed under: Credit Case dismissed
Attorney answers 1


Hello. Since you described such a complex matter, it would be entirely inappropriate to provide a 'yes/no' sort of response. I urge you to have private attorney counsel at this time. The attorney will discuss the facts with you and view the legal documents. The attorney may well offer you suggestions for additional claims available pursuant to the many applicable statutes and the common law. All the best.

Tricia Dwyer, Esq., Landlord-Tenant Law, Civil Lawsuits Law, Conciliation Court Law, Rule 114 Qualified Neutral, Minnesota Supreme Court Roster Mediator, Tricia Dwyer, Esq. & Associates PLLC, Phone: 612.296-9666. See



Although the exacts are complex, the underlying question is quite simple. Does a plaintiff need to prevail on his initial claim to have a cause of action for abuse of process in relation to a counterclaim. Either a counterclaim is subject to abuse of process claims on its own merits, or the abuse of process claim regarding counterclaim is directly tied to the success or failure of the plaintiff's claim, which would allow for abusive use of process from any Defendant with impunity should the initial claim fail.