Defendant's Wrongful Use of Process

Defendant's Wrongful Use of Process

It is a tort to use the civil or criminal form of process to primarily seek a result other than that for which the form of process was intended. The conduct that encompasses the abuse of process is a defendant's wrongful use of the process for an ulterior purpose and some willful act in the use of the process to accomplish that ulterior purpose. For example, if a defendant obtains a judgment against a plaintiff for a debt, and the plaintiff subsequently pays the debt, the defendant is liable for abuse of process if he takes out an execution on the judgment. Abuse of process does not involve the wrongful bringing of a suit, which is the tort of malicious prosecution. Rather, it involves the improper use of the process after the suit has properly begun. Abuse of process also does not cover situations in which a defendant has an incidental motive of spite or an ulterior purpose to bringing the action if the action is brought primarily for the purpose for which the form of process was intended. Thus, a person who prosecutes an accused based on the accused's unlawful act is not abusing the process merely because he incidentally does not like the accused. The usual case of abuse of process occurs with relation to extortion, whereby a person uses the process to put pressure upon another to compel him to pay a debt not related to the action. The defendant will be liable to the plaintiff for any harm caused by the abuse of process. Check us out at www.ballandyorke.com

Tort Law - Procedural Law

Tort Law--Procedural Law

Apart from legislation granting a right to sue for a specific harm, personal injury law generally consists of tort law and the civil procedure for enforcing it. This article discusses the civil procedure for enforcing tort law. Filing a Lawsuit The general method provided by civil procedure to enforce the rights and duties provided by tort law is for persons and organizations who believe that any of their rights have been violated to "sue" the persons and organizations whom they allege have failed to do their duty as provided by tort law. To "sue" refers to the initial act required to formally enforce the law, which is to file with a court a group of documents that notify the court and the alleged violators of the alleged violation or violations of tort law. The group of documents is known as a suit, and so the whole process is known as a lawsuit. The lawsuit asks the court to declare that the filers have been harmed under tort law and that they are entitled to satisfaction -- usually money -- from the persons or organizations against whom the group of documents were filed. The court declaration is important because anyone who fails to obey the court's declaration ordering satisfaction is potentially subject to punishment by the court for their failure to obey the court's declaration. The Threat of a Lawsuit Sometimes it is not actually necessary to file a lawsuit to enforce tort law. Sometimes the threat of the successful use of civil procedure encourages and prompts persons and organizations who have failed to obey tort law to settle the substantive law matter out of court. Words Used In a Lawsuit A person or organization who has had one or more of its rights under tort law violated may be known as a victim. The victim is said to have suffered a wrong. The person or organization who has failed to obey one or more of its duties under tort law may be known as a perpetrator, tortfeasor, violator, or wrongdoer. As a general rule, a person or organization that files a lawsuit is known as a plaintiff. As a general rule, a person or organization that responds to a lawsuit is known as a defendant. A victim or alleged victim is usually known as a plaintiff or potential plaintiff. A perpetrator, tortfeasor, violator, or wrongdoer, or an alleged perpetrator, tortfeasor, violator, or wrongdoer, is usually known as a defendant or potential defendant. It is also possible for a person or organization that is sued, a defendant, to counter-sue the plaintiff or plaintiffs. For the sake of clarity, the parties to a lawsuit retain their initial designations as plaintiff or defendant, even though the result of the lawsuit may be a finding that the real victim, if any, is a defendant on the defendant's counter-suit and not a plaintiff on the plaintiff's initial suit. If you have further questions feel free to check us out at: www.ballandyorke.com

Personal Injury

I had never been in a big accident before, but it is important to have a plan. I was hit last year by a giant van while driving to work. When you are all mangled after the car accident you are not thinking about getting car insurance information for liability purposes, believe it or not.

Well here is the deal, the cops are not always checking whether the insurance is valid. This is important because it allows you to make your insurance claim. When you get the police report after the car accident it can have false information so be sure to get someone asking the other driver what their information is. I, unfortunately, was too injured and the lady who hit me with her van gave false information as to her insurance, leaving me in a lurch.

This is where you need some help and need to look for some legal advice. In my case I choose Ball and Yorke and they have been very helpful in making sure that we not only get the right paperwork and processes completed, including getting the right insurance but also have made it easier to obtain the medical help I need.

Ball & Yorke Attorneys at Law

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For almost two decades, the Law Office of Ball & Yorke has represented thousands of clients in Southern California.

We have unmatched experience with all types of civil cases, including:

• Auto Accidents
• Serious Personal Injury
• Wrongful Death
• Insurance Bad Faith
• Insurance Issues
• Slip and Falls
• Motorcycle Accidents
• Dog Bites
• Real Estate Matters
• Employment Law and Wrongful Termination

Our goal is to provide the highest quality legal services to you and your business in a timely and professional fashion.

We welcome the opportunity to talk with you and to discuss how we may be of service.