Can I take a former business partner to small claims for money owed to me

You can take your former business partner to small claims court. But there are restrictions that apply to the amount you can recover, which varies from state to state. So you may be able to pursue him, although not, perhaps, for the full amount he owes you; i.e., you will be restricted to the maximum you can seek in small claims. Certainly, the amount involved is relatively small (even though it may not feel that way), and an attorney will likely expect hourly compensation as a result, instead of accepting contingency. Small claims may thus provide you with a better option.

You may also confront another problem: if your former business partner is strapped for cash and especially if he has an attorney, there is a good chance he has filed or is planning to file for bankruptcy. If so, any action you may try to bring outside of the Bankruptcy Court will be stayed, i.e., suspended until the conclusion of the bankruptcy. If you have not heard anything about a bankruptcy, it may behoove you to check. You should have been told if one had been filed, and his attorney will have an obligation to tell you if he has not already.

Assuming your former business partner is in bankruptcy, your best course of action will be to represent your claims before the bankruptcy trustee, who is charged with supervising the bankruptcy and balancing all the claims pending against your former business partner's estate.

Good luck. I hope you are able to recover some of what is owed.