Definition Of Abuse Of Legal Process

The term abuse or threatened abuse of the legal process means the use or threatened use of a law or legal process whether administrative civil or criminal in any manner or for any purpose for which the law was not designed in order to exert pressure on another person to cause that person to take some action or refrain from taking some action.

Definition of abuse of legal process. The legal term abuse of process refers to the act of using the legal process during a legal proceeding to harass another party to the suit to intentionally incur costs with the intent that the other party will be ordered to pay those costs or to delay the court action. Causing a summons writ warrant mandate or any other process to issue from a court in order to accomplish some purpose not intended by the law. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process civil or criminal not justified by the underlying legal action. An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action.

Abuse of process is a tort that may be claimed in a subsequent legal proceeding or argued during the current case. Abuse of process february 12 2020 february 12 2020 n. Legal definition of abuse of process. Abuse of process refers to the improper use of a civil or criminal legal procedure for an unintended malicious or perverse reason.

The tort of bringing and following through with a civil or criminal action for a purpose known to be different from the purpose for which the action was designed compare malicious prosecution. The word process could mean official summons or other notice issued from a court which in case of abuse are used with a bad. Learn more about abuse of process. The use of legal process to accomplish an unlawful purpose.