Can I still take someone to small claims court if they said they will/might file for bankruptcy?
Question Details: Or can I get a refund for my court filing fees if they do end up filing for bankruptcy before or during the small claims court process?
You can still take them to court. Once they actually file bankruptcy, your case (and all collection activities) must be stayed pending the result of that bankruptcy
Several people who threaten to file bankruptcy never actually file and simply bluff their way through creditor's claims.
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You can sue your debtor up until they actually file for bankruptcy (either Chapter 7 or 13). At that point something known as the "automatic stay" will go into effect. This means that all collection activity against them must stop. However, if they never file the stay never kicks in. So, depending on the amount involved, you may want to go ahead with a suit. The fact is that many debtors threaten bankruptcy to put creditors off but never actually file. That having been said, if your debtor does in fact file, you will not recieve any type of refund for your filing fees and related costs.