Abuse of Process

Author:Jeffrey Lehman, Shirelle Phelps
 
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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

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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...

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