Smalls claims against filed Chap7

[dtyager7]

Illinois - Merchant installed pool in 2007. As part of warranty, had service in late 2007 for pool cover (stuck). Same in 2008 - - no replies. Sent pictures/email/etc - no reply. Went to BBB and City for help - unresponsive. Sent same to Pool Cover mfr who stated in reply installation was improper and caused damage (used 2 different types of ropes instead of same). Had local pool maintence come out and fix - total amount to $580+.

Q: Want to take to small claims, have complete file and info - ready to send to merchant first prior to going to small claims - but found out that declared chapter 7 in 2008. Will Chp7 protect him from my claim or go ahead and file small claims?

 

[JETX]

Want to take to small claims, have complete file and info - ready to send to merchant first prior to going to small claims - but found out that declared chapter 7 in 2008. Will Chp7 protect him from my claim or go ahead and file small claims?

Their chapter 7 filing triggers an 'automatic stay', meaning you (or any other 'creditor') cannot pursue any actions against them until the matter is resolved by the court. Since this is a chapter 7 filing, VERY likely that any liability they might have had to you was discharged by the court.