Collection Actions: 18.5.5.3 Abuse of Process
Abuse of process is often described as the use of “legal process against another in an improper manner to accomplish a purpose for which it was not designed.”201 In contrast to malicious prosecution, the tort of abuse of process is not based on the improper institution of legal proceedings but on the improper use of process after it has been issued to accomplish a purpose for which it was not designed.202 While courts vary in their listings of the elements of the tort, one common st