trade restraint and restraint of trade

[Tony Bells]

What is the name of your state? new york,
question? can someone give me the definition of trade restraint and restraint of trade as it pertains to small business operations.

summary:
an attorney illegally obtained a judgement against a company and that company lost the use of its corporate funds and operations for 34 days, the court ultimately dismissed the judgement saying it was illegally filed. the business needed to borrow thousands of dollars to pay creditors in the meantime, the business incurred thousands of dollars in bank fees and penaltys for stop payments of business checks to creditors, business subsequently payed creditors with personal checks on time. current business operations were delayed in completion of a contract and extended the contract completion period by 4 months. business suffered loss of thousands of dollars in new income as a result.
I would appreciate any information or thoughts.

 

[hexeliebe]

Your situation has nothing to do with restraint of trade or trade restraint.

IF you can prove that the attorney KNEW his filing was illegal (probably not the wording the judge used) then you can file against him/her for losses incurred to fight the filing and the suit.

Why have you not consulted an attorney yet?

 

[Tony Bells]

thank you hexeliebe for your response :

I have consulted with several attorneys however they are reluctant to go against another attorney in my area I am still seaching but am concerned with the statue.

the judges order
read : the judgement was wrongfully entered and thus the restraint should never have been issued.

I was told this matter and its consequences fall into a anti trust catagory and it was told to me this may be restraint of trade, I have been getting conflicting opinions. I did receive the same advice you mention however before I file a lawsuit I need to find an attorney willing to argue on behalf of the corporation, I am competent as Pro Se to argue damages on my behalf.

my theory is when the law firm, its partners and additional parties are named in a federal lawsuit they may be reluctant to proceed. Why a federal lawsuit rather than state supreme court?
If this judgement restrained my trade in its business operations it then becomes federal jurisdiction and or state I believe.

attorneys who practice in federal court are very expensive and have a tendency to be truthful to their clients about probability of success, in state court its been my experience the attorneys drag out the proceedings with little concern for the clients.

I have the court transcripts facts the attorney violated the courts order , before I take further action I need to get all the facts in order regarding jurisdiction. do you think my logic unsound?