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[archy]

I was a tenant in a house i paid rent put down security deposit first last month etc... last dec the landlord refused to put oil in house and the board of health came in and evicted us... The landlord never returned the security deposit or last months rent, now is declaring bankruptcy... can i sue them in small claims court even if they are declaring bankruptcy??

[wakeley58]

Sure you can sue, however suing people that don't have money is a waste of time.

[salvadore94]

You can try. You will need a lawyer anyways, so go talk to one.

[marmion]

wow sounds like a case for judge judy, you'd have to represent yourself and bring as much documentation as possible, maybe a longshot but i would at least try if I could. Please tell me you had a lease agreement!

[darce]

You can try to sue him, but I doubt if you'll be able to get any money out of him. Small claims can order him to reimburse you, but it cannot help you out with any follow-up procedures.

[teyo]

Do you have proof the landlord is declaring bankruptcy? Or are you just taking his word for it. Sue them in small claims. If bankruptcy was declared, you won't get anything. But if the landlord was blowing smoke, you will win.

[roche]

You can try. If you can get a judgement from the court for your loss, you can present it to the bankruptcy court for payment. You might get something if he has anything left.

[hrafn]

Ordinarily yes. But for a bankrupt it is very different, and not very likely that the debt he owes you will be paid.

The bankruptcy notice will have a deadline for making any claims. Proof of claim is a form you fill yourself, you don't need a lawyer, but you have to pay a small fee to have your claim considered. The form can usually be downloaded from the court website. What is left after proceedings are paid for is given to the people with a valid claim, but what are called secure claims come first, these would be mortgages or bank loans. Chances of you getting anything are pretty slim, simply because there probably wont be enough money left by the time it is your turn but you can always try.

[jacobs8891]

Yes you can surely sue your landlord but if he/she hires a bankruptcy attorney,then it would be a bit difficult for you as your landlord has declared himself as bankrupt. You should suggest a good lawyer and explain the details.