42 Pa.C.S. § 8351: Wrongful use of civil proceedings.
Where this section sits in the code
- Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
- PART VII CIVIL ACTIONS AND PROCEEDINGS
- CHAPTER 83 PARTICULAR RIGHTS AND IMMUNITIES
- SUBCHAPTER E WRONGFUL USE OF CIVIL PROCEEDINGS
(a) Elements of action.--A person who takes part in the procurement, initiation or continuation of civil proceedings against another is subject to liability to the other for wrongful use of civil proceedings:
(1) he acts in a grossly negligent manner or without probable cause and primarily for a purpose other than that of securing the proper discovery, joinder of parties or adjudication of the claim in which the proceedings are based; and
(2) the proceedings have terminated in favor of the person against whom they are brought.
(b) Arrest or seizure of person or property not required.--The arrest or seizure of the person or property of the plaintiff shall not be a necessary element for an action brought pursuant to this subchapter.
Collected 2026-09-02T16:33:14Z. Source file · JSON