How To Prove A Tennessee Abuse of Process Claim

 

 

In Tennessee, a claim of Abuse of Process is defined as:

Abuse of process is the improper or malicious use of the legal system for ulterior motives, rather than for its intended purpose of seeking justice.

It simply means:

Misuse of the judicial process for a malicious or wrongful purpose.

There are 3 elements of the claim:

• Element 1. There was a legal process An Abuse of Process Claim involves a legal situation where someone misuses the legal system for an improper purpose, such as harassing another person or gaining an unfair advantage, rather than seeking genuine justice.
  

  Facts that might support this element look like:

  * The plaintiff initiated a civil lawsuit against the defendant, filing a complaint in the appropriate court.
  * The defendant received a summons and complaint, indicating that legal proceedings had officially commenced.
  * The plaintiff sought a restraining order against the defendant, which required a court hearing to determine its validity.
  * The plaintiff filed multiple motions in court, demonstrating the use of legal processes to pursue their claims.
  * The defendant was compelled to appear in court multiple times due to the plaintiff’s ongoing legal actions.

• Element 2. The defendant had an ulterior motive for using the process. The defendant had a hidden agenda or secret reason for using the legal process, rather than just pursuing a legitimate claim, which is a key part of proving an Abuse of Process claim.
  

  Facts that might support this element look like:

  * The defendant initiated the legal process to harass the plaintiff rather than to seek a legitimate legal remedy.
  * The defendant publicly stated their intention to use the lawsuit as a means to damage the plaintiff’s reputation.
  * The timing of the defendant’s legal action coincided with a personal dispute, suggesting a motive unrelated to the legal claims.
  * The defendant has a history of using legal threats to intimidate others into compliance with their demands.
  * The defendant sought to gain a financial advantage by leveraging the legal process against the plaintiff, despite the lack of merit in their claims.

• Element 3. The defendant committed an act in the use of the process that was not proper in the regular prosecution of the proceeding The defendant misused the legal process by doing something inappropriate or improper while the case was ongoing, which is a key part of proving an Abuse of Process claim.
  

  Facts that might support this element look like:

  * The defendant filed a lawsuit solely to harass the plaintiff, knowing there was no legitimate legal basis for the claim.
  * The defendant used the legal process to extort a settlement from the plaintiff, threatening further legal action if the demands were not met.
  * The defendant improperly served legal documents to the plaintiff at an inappropriate location, causing unnecessary embarrassment and distress.
  * The defendant manipulated court procedures to delay the proceedings, intentionally prolonging the litigation for their own advantage.
  * The defendant submitted false evidence to the court, undermining the integrity of the legal process and misleading the judge.

^{(See Givens v. Mullikin ex rel. McElwaney, 75 SW 3d 383 – Tenn: Supreme Court 2002.)}
If you’re in court without a lawyer and plan to assert a Claim of Abuse of Process, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to effectively navigate your legal journey.

Prove Your TN Abuse of Process Claim

U.S. Civil Cases Only