Abuse of Process in North Carolina: Law, Elements, Case Law, and Examples

The legal system provides powerful tools to resolve disputes, enforce rights, and ensure justice. But what happens when those tools are misused? North Carolina recognizes a tort called abuse of process, which arises when legal process is used not for its intended purpose, but as a weapon for harassment, coercion, or to gain an unfair advantage.

Unlike malicious prosecution — which focuses on the wrongful initiation of a lawsuit without probable cause — abuse of process is about what happens after a process has been issued. It protects the integrity of the judicial system by preventing litigants from perverting the courts for collateral ends.

Definition of Abuse of Process
Abuse of process is the misuse or perversion of civil or criminal legal process after it has been issued, to accomplish an ulterior purpose not warranted by law.

The classic North Carolina definition comes from Stanback v. Stanback, 297 N.C. 181, 254 S.E.2d 611 (1979), which emphasized that the tort is not about starting a case without cause, but about using issued process for an improper collateral purpose.

As the Court explained in Wright v. Harris, 160 N.C. 542, 76 S.E. 489 (1912), “evil purpose alone is not sufficient…the bad intent must culminate in the misuse of process.”

Elements of Abuse of Process
To prove abuse of process in North Carolina, a plaintiff must show:

1. An ulterior motive — the process was used to accomplish something other than its lawful purpose.
2. An act in the use of the process not proper in the regular prosecution of the proceeding — a willful act after issuance, showing that process was perverted for harassment, coercion, or collateral advantage.

Both elements must be present. Bad motive alone is not enough.

Case Law in North Carolina 

Cases Finding Abuse of Process
– Austin v. Wilder, 25 N.C. App. 514, 214 S.E.2d 242 (1975): Lis pendens was filed not to litigate debt but to cloud property title and block financing — an improper collateral purpose.
– Stanback v. Stanback (1979): Allegations that a lawsuit was filed to harass and coerce surrender of legal rights were sufficient to allege abuse.
– Smith v. Somers, 179 N.C. 82, 101 S.E. 333 (1919): Criminal warrant used to coerce payment of a civil debt = classic abuse.
– Hewes v. Wolfe, 74 N.C. App. 610, 330 S.E.2d 16 (1985): Lis pendens and liens filed to ruin credit and business = improper use.
– Pinewood Homes, Inc. v. Harris, 184 N.C. App. 597, 646 S.E.2d 826 (2007): Preliminary injunction allegedly used not to preserve assets but to coerce unrelated payments; allowed to proceed.

Cases Rejecting Abuse of Process
– Wright v. Harris (1912): Bad intent without misuse is not enough. If process is used only for its lawful purpose, no claim lies.
– Fox v. Barrett, 89 N.C. App. 358, 365 S.E.2d 672 (1988): Filing a weak or defective complaint, without more, does not equal abuse of process.

Distinction from Malicious Prosecution
– Malicious prosecution: Focuses on wrongful initiation of proceedings, requires lack of probable cause, and requires favorable termination for the plaintiff.
– Abuse of process: Focuses on misuse of validly issued process, does not require favorable termination, and can exist even if the underlying case is validly filed.

Remedies and Defenses
– Damages: Compensatory damages for financial, reputational, or emotional harm; punitive damages for fraud, malice, or willful/wanton conduct (capped under N.C.G.S. § 1D-25).
– Defenses: If the process is confined to its legitimate function, no abuse of process exists — even if motivated by spite (Wright v. Harris).
– Statute of Limitations: Three years, under N.C.G.S. § 1-52(5).

Hypotheticals 

Example Where Abuse of Process Exists
A business owner sues a competitor for breach of contract and files a legitimate complaint. After filing, the plaintiff uses the lawsuit to pressure the competitor to sell their company at a below-market price by threatening to keep dragging out costly litigation. The lawsuit itself may have merit, but the process is being perverted to achieve an unrelated business takeover. This is classic abuse of process: ulterior motive + improper use after issuance.

Example Where Abuse of Process Does NOT Exist
A landlord sues a tenant for unpaid rent. The landlord genuinely wants to recover the money owed. The landlord also privately dislikes the tenant and hopes the lawsuit causes the tenant stress. Even though the landlord has an “evil motive,” the lawsuit is confined to its proper purpose — recovering unpaid rent. No abuse of process claim exists because the legal process was used as intended.

Conclusion
Abuse of process is a narrow but important tort in North Carolina. It ensures that valid legal processes are not twisted into tools of extortion, harassment, or collateral advantage. Plaintiffs must show both ulterior motive and improper act after issuance. Courts remain cautious not to penalize legitimate lawsuits, even when filed with spite, unless the process itself is perverted.

About Adkins Law, PLLC
At Adkins Law, PLLC, based in Huntersville, we counsel clients both in pursuing abuse of process claims and defending against them. If you believe you’ve been targeted by a lawsuit used as a weapon rather than a legitimate legal action, contact us to protect your rights and seek justice.