When the Legal System Is Used as a Weapon Against You
Someone filed that lawsuit — or threatened it — not to win, but to drain you. To cost you money, time, and sleep until you gave them what they wanted. That is abuse of process, and it is actionable in Colorado. At The Fields Group, we represent clients who have been targeted by legal proceedings weaponized for leverage, and we bring 36 years of trial experience to holding those responsible accountable.
What Abuse of Process Actually Means Under Colorado Law
Abuse of process is a civil tort that occurs when a person uses a legal procedure — a lawsuit, subpoena, deposition notice, writ, or other court mechanism — for an improper purpose outside the bounds of what that procedure was designed to accomplish. The critical distinction from a wrongful lawsuit is this: the legal process itself may have been technically valid when filed, but the party using it had an ulterior motive that had nothing to do with the stated legal claim.
Colorado courts recognize two core elements in an abuse of process claim. First, there must be an improper use of legal process — meaning the procedure was deployed for something other than its intended purpose. Second, there must be an ulterior motive or purpose, such as coercing a settlement, extracting a business concession, silencing a competitor, or pressuring someone into a personal decision. Both elements must be present.
This is a nuanced area of law that requires an attorney who understands how litigation actually works — not just the theory. Our firm has spent decades inside Colorado courtrooms, which means we recognize the patterns of procedural abuse when we see them.
How Abuse of Process Differs from Malicious Prosecution
These two claims are often confused, and the distinction matters for how your case is built and what you can recover.
Malicious prosecution focuses on the initiation of a legal proceeding without probable cause and with malice — a lawsuit that should never have been filed in the first place. Abuse of process, by contrast, addresses what happens after a proceeding begins. A case can be filed with legitimate grounds and still become an abuse of process if the opposing party later uses the machinery of litigation — discovery demands, depositions, motions, subpoenas — as instruments of pressure rather than tools of legitimate advocacy.
In practice, the two claims frequently arise from the same set of facts and can be pursued together. If you believe you have been subjected to either, our civil litigation team can evaluate which claims apply and how to position them for maximum effect.
Conduct That May Constitute Abuse of Process in Colorado
Abuse of process takes many forms. The following patterns are among the most common fact patterns we see in Colorado civil litigation:
- Filing or threatening litigation solely to delay a business transaction or real estate closing
- Using discovery demands — sweeping document requests, burdensome interrogatories, or repetitive depositions — to impose financial strain rather than gather legitimate evidence
- Serving subpoenas on third parties to embarrass or pressure the opposing party rather than obtain relevant information
- Filing motions designed to consume the opposing party's resources, not to advance a legal argument
- Using a lawsuit as leverage to extract a business concession, personal payment, or favorable contract term
- Threatening criminal referrals or regulatory complaints as a negotiating tactic in a civil dispute
If the conduct you experienced resembles any of these patterns, it is worth a direct conversation with our team.
What You Can Recover in an Abuse of Process Claim
Colorado law allows plaintiffs in abuse of process cases to recover compensatory damages for the harm the improper conduct caused. This can include attorney fees and litigation costs you incurred responding to the abusive proceedings, lost income or business opportunities disrupted by the improper legal action, and damages for emotional distress in appropriate cases.
Where the conduct was particularly egregious — calculated, willful, and designed to harm — punitive damages may be available. Colorado's punitive damages standard requires clear and convincing evidence of fraud, malice, or willful and wanton conduct, a threshold that is demanding but reachable when the facts support it.
We evaluate damages carefully before recommending litigation. The goal is not simply to file a counterclaim — it is to build a case with a recovery that justifies the fight.
Why Trial Experience Matters in Abuse of Process Cases
Abuse of process claims live and die on the credibility of the evidence and the ability to tell a coherent story to a judge or jury. These are not cases that resolve on a motion to dismiss or a technicality. They require an attorney who can take a pattern of procedural conduct — often spread across months of litigation history — and present it as a clear, compelling narrative of intentional abuse.
Doug Fields has tried cases in Colorado courts for over three decades, including in Jefferson County, whose courthouse has become one of the most recognizable in the state, with Catalina Miranda, our Sr. Litigation Paralegal, at his side building every case. That experience is not a marketing credential. If your case needs to go to trial, we will take it there.
Common FAQs
Frequently Asked Questions About Abuse of Process in Colorado
What is the difference between abuse of process and malicious prosecution in Colorado?
Malicious prosecution addresses the wrongful initiation of a legal proceeding — filing a lawsuit without probable cause and with malicious intent. Abuse of process addresses the misuse of legal procedures after a proceeding has begun, even if the initial filing was technically valid. Both claims can arise from the same facts and are sometimes pursued together.How do I prove that legal process was used for an improper purpose?
Proof typically comes from the pattern of conduct during litigation — the timing, scope, and targets of discovery demands, the content of communications between parties, and the absence of any legitimate legal justification for the procedural steps taken. An experienced civil litigator can identify and document these patterns.Can I bring an abuse of process claim while the underlying lawsuit is still pending?
In most cases, an abuse of process claim is filed as a separate action after the underlying proceeding concludes, though the facts giving rise to the claim may occur during that proceeding. Colorado courts have addressed the timing requirements for these claims, and the analysis depends on the specific facts of your situation. An attorney can advise you on when and how to file.What damages are available in a Colorado abuse of process case?
Recoverable damages can include attorney fees and costs incurred defending against the abusive proceedings, lost income or business disruption, and emotional distress damages in appropriate cases. Punitive damages are available when the conduct meets Colorado's standard for willful and wanton behavior.Is abuse of process hard to prove in Colorado?
It requires clear evidence of both an improper use of legal process and an ulterior motive — neither element alone is sufficient. These cases are fact-intensive and benefit significantly from representation by an attorney with direct civil litigation trial experience who understands how to build a motive narrative from a procedural record.Does The Fields Group handle abuse of process cases on contingency?
Civil litigation matters, including abuse of process claims, are typically handled on an hourly or hybrid fee basis rather than contingency. We discuss fee structure during the initial case review so there are no surprises. Personal injury matters are handled on a contingency fee basis.