Legal Definitions - wrongful process

The term wrongful process refers to the misuse of legal procedures or the legal system itself for an improper or ulterior purpose, rather than for the legitimate resolution of a dispute. It occurs when someone takes a legal action or uses a legal tool, not for its intended function within the justice system, but to achieve an outcome unrelated to the merits of the case. This concept is often referred to as abuse of process.

Essentially, it means using the power of the courts or legal rules in a way they were not designed for, often to harass, intimidate, gain an unfair advantage, or delay proceedings, even if the initial lawsuit itself might have had some merit.

• Example 1: Harassment and Intimidation

  A large corporation is being sued by a former employee for wrongful termination. To retaliate and discourage other employees from suing, the corporation's legal team issues an excessive number of subpoenas for the former employee's personal communications, medical records, and financial history, even though much of this information is irrelevant to the wrongful termination claim. The true purpose is not to gather necessary evidence, but to overwhelm, embarrass, and financially burden the former employee, forcing them to drop the lawsuit.

  This illustrates wrongful process because the legal tool (subpoenas) is being used for an improper purpose (harassment and intimidation) rather than legitimate discovery of relevant evidence.

• Example 2: Gaining Unfair Leverage

  A landlord files an eviction notice against a tenant for a minor lease violation that could easily be resolved. Simultaneously, the landlord files a separate, unrelated lawsuit against the tenant for a completely fabricated claim of property damage, knowing it has no merit. The landlord's true intention is not to win the property damage suit, but to use the threat of multiple legal battles and the associated costs to pressure the tenant into vacating the property quickly and without demanding their security deposit back.

  Here, the legal process (filing a baseless lawsuit) is used as leverage for an improper purpose—to coerce the tenant into an unfavorable settlement—rather than to genuinely resolve a property damage dispute.

• Example 3: Intentional Delay

  In a complex business dispute over a contract, one party repeatedly files frivolous motions to dismiss, requests for extensions, and appeals of minor procedural rulings, even though their legal arguments are weak and consistently rejected by the court. Their actual goal is not to win these motions, but to intentionally delay the proceedings for months or even years, hoping that the opposing party, a smaller business, will run out of funds or patience and be forced to abandon their claim.

  This demonstrates wrongful process because the legal procedures are being exploited for an improper purpose—to create undue delay and gain an unfair advantage through attrition, rather than to genuinely litigate the contract dispute.