ABUSE OF PROCESS

Using the legal process for a purpose it was not designed to achieved may give rise to civil liability. To prevail in a claim for abuse of process, the plaintiff must prove:

  1. The defendant intentionally used the legal procedure for an improper purpose that the procedure was not designed to achieve;
  2. The plaintiff was harmed; &
  3. The defendant’s conduct was a substantial factor in causing the plaintiff’s harm.

Potential available remedies may include money damages and injunctive relief.

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