Abuse of process is the improper use of the courts and other legal processes for an improper or unlawful motive or purpose, such as harassment or coercion. Abuse of process is an intentional tort (wrong) and may arise in a civil or criminal proceeding.
In Georgia, abuse of process is recognized as a civil tort, which occurs when an individual uses the legal process against another individual primarily for an ulterior motive, rather than to resolve a legitimate legal dispute. This can include filing lawsuits, legal motions, or other court actions with the intent to harass, intimidate, or burden the other party, rather than to achieve a just outcome. The key element of abuse of process in Georgia is the misuse of the legal process for an end other than that which it was designed to accomplish. To establish a claim for abuse of process in Georgia, the plaintiff must prove that the legal process was used for an improper purpose and that some form of illegitimate action directly resulted from the misuse of process. Remedies for abuse of process may include compensatory damages, and in some cases, punitive damages if the conduct was willful and malicious. It is important for individuals who believe they are victims of abuse of process to consult with an attorney to understand their rights and the potential legal remedies available to them under Georgia law.