| Los Angeles Lawyer is a resource about the law and Los Angeles, with information about legal topics like personal injury and consumer protection, with links to the Los Angeles Courthouse, Los Angeles legal resources, Los Angeles government offices, free legal forms, and Los Angeles lawyers. Los Angeles Lawyer is not affiliated with the City of Los Angeles, Los Angeles City Attorney, County of Los Angeles, or the Los Angeles County Attorney. Los Angeles Lawyer should not be considered legal advice. |
Abuse of process |
||
Abuse of process is a common law intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts. The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: it is the malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. "Process" in this context is used in the same sense as in "service of process," where "process" refers to an official summons or other notice issued from a court. The person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal procecution. Subpoenas to testify, attachments of property, executions on property, garnishments, and other provisional remedies are among the types of "process" considered to be capable of abuse. |