Abuse of Process

The legal system has many safeguards against misuse, such as bullying, harassing, or intimidating people. The goal of a lawsuit is to remedy a wrong rather than to inflict as much harm on the wrongdoer as possible. A fair legal process is important to preserve justice for everyone involved in a case.

But sometimes, one party might try to take advantage of the legal process in an inappropriate way. This is known as abuse of process. You can sue someone for abuse of process even if they have a valid claim against you.

This article will describe the abuse of process civil lawsuit and compare it to its cousin, the malicious prosecution claim. As with any lawsuit or legal concern, whether you are the plaintiff or defendant, it’s a good idea to get a local attorney on your side early in the case. Find a tort and personal injury lawyer in your state for advice.

Abuse of Process Torts

A civil wrong is a tort. Civil wrongs that don’t result in physical harm can fall into a category called “dignitary torts.”

Dignitary torts cause harm to a person’s reputation or dignity. A few examples of dignitary torts are defamation, malicious prosecution, and abuse of process.

Abuse of process is an intentional tort. A claim for abuse of process arises if someone misuses civil or criminal court proceedings.

The Elements of Abuse of Process

As with most torts, the elements that a plaintiff must prove to win their case will vary from state to state.

The typical elements that a plaintiff must prove in an abuse of process lawsuit are:

• The existence of an ulterior motive or improper use of process, such as improper harassment
• An improper act in the use of the process that undermines legal proceedings

For example, a person might use a deposition subpoena for an improper motive unrelated to the lawsuit. This means they’ll use the legal process to call in someone randomly for a needless legal interview. But you can’t use a lawsuit just to harass someone or cause them mental anguish. Deposition subpoenas should be used for deposing important witnesses, not random people.

A good faith deposition must be used to obtain information about a case, and not to harass or threaten a nonparty. Again, the lawsuit itself may be perfectly valid, while the cause of action involved may also be legitimate. But if the deposition in this example does not serve the purpose of the lawsuit, it’s likelier that an abuse of process is taking place.

What about a personal injury lawsuit involving wrongful death? Normally, it should be about protecting the legal rights of someone who truly suffered a loss. If someone has sued and is now stretching out the litigation just to run up your attorney fees, they might be engaging in abuse of process.

Abuse of Process vs. Malicious Prosecution

Abuse of process and malicious prosecution are closely related, but each requires the plaintiff to prove different elements.

A person may have a claim for malicious prosecution if someone wrongfully starts or continues a criminal or civil proceeding against them. This means they don’t have probable cause (reasonable grounds) that a crime or civil wrong has occurred. By contrast, abuse of process occurs when there is a valid reason for the lawsuit, but a legal tool or process has been misused for ulterior purposes.

To win a malicious prosecution lawsuit, the plaintiff must also show that the legal action was dismissed in their favor. This means there was a favorable termination in the judicial process, such as a dismissal in:

• A criminal case
• Criminal charges
• A criminal proceeding

While wrongful criminal prosecutions may give rise to malicious prosecution claims, even private civil lawsuits involving frivolous claims can lead to malicious prosecution.

In comparison, an abuse of process lawsuit can be brought against someone regardless of:

• Whether there is an underlying legitimate claim for the legal action
• Whether or not the original case was dismissed
• Whether or not a counterclaim (counter-lawsuit by a defendant) was dismissed

Learn More About Abuse of Process by Speaking to a Lawyer

It can be frustrating to feel like someone is taking advantage of legal processes or legal procedures to intimidate you. If this is happening to you, you may want to contact a skilled personal injury attorney in your area.

If you have a client relationship with a personal injury lawyer, they can provide you with legal advice about whether the other side is engaged in the wrongful use of the judicial process.