Contract Fraud Estate State
Practice Areas
Location

Las Vegas, Nevada

8965 South Eastern Ave. Suite 260

Las Vegas, Nevada 89123

Phone: (702) 614-0600

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Lead Attorney

Robert Atkinson

Mr. Atkinson is highly experienced in commercial litigation. For more information click here

Resources

Abuse of Process

Abuse of Process occurs when a person wrongfully uses the legal system to harass, intimidate, or for some other purpose other than resolving a legal dispute. It is similar to Malicious Prosecution, but can arise from either civil or criminal proceedings and does not require malice, want of probable cause, or termination of the prior proceedings.

The elements of abuse of process are:

  1. An ulterior purpose by the defendants other than resolving a legal dispute, and
  2. A willful act in the use of the legal process not proper in the regular conduct of the proceeding

LaMantia v. Redisi, 38 P.3d 877, 879 (Nev. 2002).