Abuse of Process
Abuse of process occurs when someone uses the legal system against you in a manner for which the legal system is not intended.
Is This You?
Does This Sound Like You?
- Someone used a lawsuit or a legal filing to pressure or extort you
- A legal process was used for a purpose it was never meant for
- A case was used to force you to pay money or give something up
What Is Abuse of Process?
When the Legal System Is Used as a Weapon
Abuse of process occurs when someone tries to use the legal system against you in a manner for which the legal system is not intended — to extort, to force, or to create an illegal effect through an otherwise legal process.
For example, when a defendant’s lawsuit is legitimate but a certain aspect of the lawsuit is not, the plaintiff can still sue for abuse of process.
Abuse of process is a different claim from malicious prosecution, and the two are often confused.
What Must Be Shown
The Elements of Abuse of Process
A plaintiff can sue for abuse of process when a defendant starts the legal process. The most important element of abuse of process is that:
An Improper Purpose
The plaintiff shows an improper and unnecessary purpose.
A Misused Process
The defendant uses the legal system to extort, force or create an illegal effect through the use of an otherwise legal process.
Two Different Claims
Abuse of Process or Malicious Prosecution?
Malicious Prosecution
A plaintiff can sue for malicious prosecution when a defendant “maliciously” prosecutes or uses a civil proceeding against the plaintiff when the defendant knows they don’t have a case. More on malicious prosecution.
Abuse of Process
Abuse of process is about how the legal process is used: the defendant uses the legal system to extort, force or create an illegal effect — even when the case itself is legitimate.
Compensation
What You Can Recover
Money lost
Legal fees, payments and other losses the misused process caused.
Do Not Wait
Deadlines
- Abuse of process claims generally must be filed within two years. If a public body or official misused the process, a written notice of claim may be due within 90 days.
Speak With Joel Silberman
Has the Legal System Been Used Against You?
If you believe that you or a loved one has been the victim of an abuse of process, please call The Law Offices of Joel Silberman, LLC for a free consultation. We have the knowledge, skills and experience to help you. Call 201-420-1913 or email joel@joelsilbermanlaw.com.