The elements for abuse of process are:-
1.An ulterior purpose - The first element, ulterior purpose, usually consists of coercion to obtain a collateral advantage, not properly involved in the proceeding itself, such as the surrender of property or the payment of money with use of the process as a threat or a club.
The ulterior motive was established directly in COPLEA V. BYBEE. Here the plaintiff proved that the defendant levied on and sold property which was not properly subject to levy and sale. The plaintiff further proved that the defendant's purpose in obtaining the illegal levy and sale was to affect the sale of the property rather than to fulfil the claim that he had against the plaintiff. This illicit purpose constituted the defendant's ulterior motive.
2. A wilful act in the use of process not proper in the regular conduct of the proceeding. -The second element involves an overt act, but actions taken in the regular course of litigation, such as threatening suit or requesting discovery, are not a proper basis for an abuse of process claim even if done with an ulterior motive.
3. The plaintiff must also prove that such civil proceedings have interfered with his liberty or property or that such proceedings have affected or are likely to affect his reputation. The plaintiff must establish that he suffered damage.
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