There are specific elements which must be established in order to prove the tort of abuse of process. First, it must be established that a legal procedure was set in motion, which may include probable cause and success. Second, you must prove the procedure was perverted in order to result in an ulterior purpose other than what it was originally designed to accomplish. This must include a willful act that was perpetrated in the use of process that is found to be irregular conduct of the proceeding.
Additionally, the test of abuse of process is founded on whether a specific judicial process was improperly used for the purpose of extortion or coercion. The tort further relies on the misuse of process after issuance with the intention of using the process in a way in which it was not designed. That means the purpose in which the process was used is a key factor in determining a conclusion in abuse of judicial process.
Essentially, abuse of the judicial process involves using court proceedings in ways other than for which they were designed. This results in an improper use of the power of the court. Any such acts are conducted under the name of the court and the authority it holds. The resulting abuse of the judicial process is an injustice according to the law, if proven.
It is important to understand if the defendant has used the process for the purpose for which it was intended, there is no abuse of the judicial process, even if bad intentions are established. It is only when an illegitimate use of the process is established that the defendant can be considered to have abused the judicial process.
Basis of Tort
The use of process for an improper purpose is the basis of a tort claim of abuse of the judicial process. Both the subject of abuse and the judicial system are considered to have suffered harm when such cases are successful. Abuse of the judicial process may include scenarios where the party was harassed, subjected to extortion, or the process is used for delay.
Abuse of the judicial process is a complex area of law. If you are pursuing a case that is based on a claim of abuse of the judicial process, you will need a competent and experienced lawyer representing your interests. H. Lehman Franklin, P.C. understands the factors needed to establish abuse of the judicial process and can provide you with expert consultation and support throughout the process.
Reach out to the offices of H. Lehman Franklin, P.C. and provide the details of your case and subsequent claim that there was abuse of the judicial process which caused you injury. We have over 30 years of experience in helping clients like you fight for fair and just compensation. You can reach H. Lehman Franklin, P.C. by phone on (912) 764-9616 or email firstname.lastname@example.org. Due to the complexities involved in abuse of judicial process cases, you may want to consider a free at-home consultation where you can discuss the details of your case with one our team members face-to-face.