Persons Procuring, Aiding, Abetting, Advising, Consenting, or Ratifying Abusive Acts

In an action for abuse of process, the injured person has a remedy against any one who intentionally procures, participate in, aid, or abet the abuse of process.  Anyone who advises or consents to, adopts or ratifies the abusive acts will also liable as joint tortfeasors.

Any one who unites with the officer serving the process will be liable for the tort of abuse of process.  Any person who procures unnecessary and improper initiation of a process by a third party will also be liable for damages for abuse of process.

Actual  malice is not required in an abuse of process claim.  The improper purpose element of an abuse of process claim usually takes the form of coercion to obtain a collateral advantage, not properly involved in the proceeding itself.  Therefore, it is the use of the process to coerce or extort that is the abuse, and need not be accompanied by any ill will.[i]

[i] Swicegood v. Lott, 379 S.C. 346 (S.C. Ct. App. 2008)


Inside Persons Procuring, Aiding, Abetting, Advising, Consenting, or Ratifying Abusive Acts