Abuse of Process and the Statute of Limitations
Abuse of process is a legal cause of action that allows a person to seek redress against another who has deliberately used the legal process for an ulterior purpose or motive other than that for which it was designed. The essence of an abuse of process claim is that lawful process was perverted or used by an individual for an illicit purpose to intimidate, unduly burden or harm another.
Other People Are Reading
-
What Is Process?
-
Each jurisdiction has a different definition of “process” for the purposes of filing an actionable claim against another for abuse of process. In most states, “process” refers to a plaintiff filing a civil lawsuit against a defendant in a court that has jurisdiction to hear the matter.
Elements of the Cause of Action
-
To prevail in an abuse of process claim, a plaintiff must demonstrate that the defendant used the courts for an illegitimate or improper purpose and that misuse of the civil process has harmed him.
-
What Constitutes Abuse of Process
-
The pivotal issue in determining abuse is whether a plaintiff has an ulterior motive for filing a civil suit against the defendant. For example, if a creditor files suit for a debt owed when the real reason is to force the debtor to pay off another unrelated debt, that's an abuse of process. Other examples would include filing a civil action when the ulterior purpose is to extort money or other property or using the legal process solely to harass, intimidate or inconvenience someone else.
Difficulty of Proof
-
To win an abuse of process claim, a plaintiff must prove that the defendant deliberately initiated the civil process only to harass or intimidate the plaintiff. If a defendant can demonstrate that the civil action he filed has merit, it will be difficult for a plaintiff to prove that an abuse of process has occurred. Due to the chilling effect that such claims could have on an individual's ability to seek redress through the civil court system, the courts carefully scrutinize abuse of process claims.
Statute of Limitations
-
Each state establishes the statute of limitations period within which a person must file an abuse of process claim. The limitations period begins the day the cause of action happened, which is usually the date on which process was initiated against the aggrieved party. In most jurisdictions, the statute of limitations for an abuse of process claim is either two or three years.
-
