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Abuse of Process Worth A read

Von: DGVREIMAN (dgvreiman@comcast.net) [Profil]
Datum: 06.06.2010 11:08
Message-ID: <Q9Odnd_i_NoS-JbRnZ2dnUVZ_g2dnZ2d@giganews.com>
Newsgroup: alt.military.retired alt.military alt.war.vietnam
1.  Threatening bogus criminal charges so as to force someone to do
what you want or pay you something of value is called extortion.

2.  Actually filing criminal complaints so as to harass, intimidate
and/or to bully someone into stop posting rebuttals to your harassment
is something else.  Read the following.  If anyone suffers any
criminal complaint from any member of any hate gang please contact me.
It appears some members of a  gang have a history of such acts, and I
have been advised to monitor any such events.

3.  Malicious Prosecution, a lawsuit started without any reasonable
cause.  Or the filing of criminal charges with bogus evidence or no
evidence to back up charges - provided of course a complaint is
actually filed.  When a smear/hate  gang member demonstrates a past
pattern of harassment, and then files a bogus criminal charge against
you, or threatens you with one simply becuase you are defending
yourself from such a person,  such intimidation is a classic smear and
hate gang tactic.   If this happens to anyone on these forums let me
know.  I am keeping track of all the smear and hate tactics hate gangs
use against their targeted victims.

The following is not intended as legal advice and I have excerpted the
following from a lawyer's forum.  Please always check with your own
lawyer on all legal issues:

"The use of legal process to accomplish an unlawful purpose; causing a
summons, writ, warrant, mandate, or any other process to issue from a
court in order to accomplish some purpose not intended by the law.

For example, a grocer rents a small building but complains to the
landlord about the inadequate heating system, leaks in the roof, and
potholes in the driveway. When the landlord fails to make the required
repairs, the grocer decides the property is worth less and deducts
$100 a month from his rent payments. The landlord starts a lawsuit to
either recover the full amount of rent due or to oust the grocer and
regain possession of the premises. The law in their state is fairly
clear on the question: a tenant has no right to force a landlord to
make repairs by withholding a portion of the rent. The landlord knows
that she has a good chance of winning her case, but she also wants to
teach the grocer a lesson. On the first three occasions that the case
comes up on the court calendar, the grocer closes his store and
appears in court, but the landlord does not show up. On the fourth
occasion, the landlord comes to court and wins her case. The grocer,
in a separate action for abuse of process, claims that the landlord is
using the court's power to order him to appear simply to harass him.
The court agrees and awards him money damages for lost income and
inconvenience.

Abuse of process is a wrong committed during the course of litigation.
It is a perversion of lawfully issued process and is different from
Malicious Prosecution, a lawsuit started without any reasonable cause.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The
Gale Group, Inc. All rights reserved.

--------------------------------------------------------------------------------

abuse of process n. the use of legal process by illegal, malicious, or
perverted means. Examples include serving (officially giving) a
complaint to someone when it has not actually been filed, just to
intimidate an enemy, filing a false declaration of service (filing a
paper untruthfully stating a lie that someone has officially given a
notice to another person, filing a lawsuit which has no basis at law,
but is intended to get information, force payment through fear of
legal entanglement or gain an unfair or illegal advantage. Some people
think they are clever by abusing the process this way. A few
unscrupulous lawyers do so intentionally and can be subject to
discipline and punishment. Sometimes a lawyer will abuse the process
accidentally; an honest one will promptly correct the error and
apologize."

End Excerpts.

Doug Grant (Tm)



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