The tort of abuse of process may be generally defined as the misuse of a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which the process was not designed. Abuse of process consists of:

• A deliberate and intentional misuse of judicial process; and
  
  Some unlawful ulterior motive that is not an appropriate purpose for the legal proceeding.

  A cause of action for abuse of process can be complex, expensive, and emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach abuse of process lawyer, especially since an abuse of process claim may be dismissed if the plaintiff fails to allege the essential elements properly.

  In contrast to an action for malicious prosecution, which is concerned with maliciously commencing or continuing a civil proceeding, abuse of process is concerned with the improper use after it has been issued. A claim for abuse of process may also be brought as a counterclaim when directed against process served in the pending main action since abuse of process does not require as one of its essential elements a termination of the action in favor of the person against which process was issued. An abuse of process action may also arise from an action that is initiated independently, such as commencement of suit or one initiated collaterally, like an attachment.

  If you believe you have a legitimate claim for abuse of process call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.