Legal Definitions - malicious abuse of process

Malicious abuse of process occurs when an individual or entity intentionally misuses a legitimate legal procedure, not for its intended purpose, but to achieve an ulterior, wrongful, or harmful objective. This involves taking a valid legal step—such as issuing a subpoena, filing a motion, or obtaining an arrest warrant—and using it for a reason other than what the law permits, driven by malice, ill will, or an improper motive. It is distinct from initiating a baseless lawsuit (which is known as malicious prosecution); instead, it focuses on the perversion of an otherwise proper legal tool to harass, intimidate, or gain an unfair advantage.

Here are some examples illustrating malicious abuse of process:

• Example 1: Excessive Discovery in a Business Dispute

  A large corporation is sued by a smaller competitor for alleged anti-competitive practices. In response, the large corporation's legal team issues an extremely broad and burdensome subpoena to the smaller company, demanding thousands of irrelevant documents and scheduling depositions for numerous employees who have no direct involvement in the lawsuit's core issues. The true intent behind this excessive discovery is not to gather relevant evidence, but to overwhelm the smaller competitor with legal costs and administrative burdens, hoping to force them to drop the lawsuit or settle on unfavorable terms due to financial exhaustion.

  This illustrates malicious abuse of process because the legal tool (discovery via subpoena and deposition) is legitimate, but it is being used with an improper, malicious motive (to financially cripple the opponent) rather than for its intended purpose (to gather relevant evidence for the case).

• Example 2: Repeated Filings in a Divorce Case

  During a contentious divorce, one spouse repeatedly files motions for temporary restraining orders against the other, alleging minor infractions or fabricated threats, even though there is no genuine danger or immediate need for court intervention. The spouse's actual motive is to harass the other party, drain their financial resources through endless legal fees, and create a negative perception of them in the judge's eyes to gain an advantage in child custody or asset division negotiations.

  This demonstrates malicious abuse of process because the legal procedure (filing motions for restraining orders) is valid, but it is being used with an ulterior, malicious purpose (harassment, financial burden, and manipulation of court perception) rather than for its legitimate purpose (protecting a party from genuine harm).

• Example 3: Using a Lien to Coerce Payment

  A contractor completes a renovation project for a homeowner. A dispute arises over a minor, non-essential detail of the work, and the homeowner withholds a small portion of the final payment. In retaliation, the contractor files a mechanic's lien on the homeowner's property for an exaggerated amount, far exceeding the disputed sum, and refuses to release it unless the homeowner pays an additional, unrelated debt that is not part of the renovation contract. The contractor knows the lien will complicate any attempt by the homeowner to sell or refinance their property, and uses this leverage to coerce payment of the unrelated debt.

  This is an example of malicious abuse of process because the contractor is using a legitimate legal tool (filing a mechanic's lien) for an improper purpose (to coerce payment of an unrelated debt and exert undue pressure) rather than for its intended purpose (securing payment for work performed on the property).