travel agent fraud

[lee5672]

What is the name of your state? Illinois

I need to sue my travel agency in small claims court. They are unwilling to give back money paid to them by me for a trip to mexico. They were issued a
check for $3331.00, which they cashed in June, for payment(I have the cancelled check) and they did not book the trip. I have been unable to reach them via phone nor in person regarding this. I need to know 3 things-

1.How do I find out if they have filed for bankruptcy?

2. How to sue them for the refund of my money?

3. How to sue them for refund of my money if they filed for bankruptcy?

 

[JETX]

How do I find out if they have filed for bankruptcy?

Contact your local (Federal) bankruptcy court and ask.

How to sue them for the refund of my money?

If they haven't filed for bankruptcy.... go to your local 'small claims' courthouse.

How to sue them for refund of my money if they filed for bankruptcy?

You can't. If they have filed, an 'Automatic Stay' is in place. You can contact the bankruptcy court and make sure that your debt is included in their filing. If it isn't AND if the filing is NOT a chapter 7, you might wait and see if they 'forget' to include your debt when the case is discharged. If they have overlooked your claim, you can pursue it in court. Of course, they might re-open and file an amended creditor list to include your debt.... but that is a risk you will have to consider.