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Small claims court coming up, what happens if I file bankruptcy before the court date? Thank you.

Atlanta, GA |

I'm the defendant in a small claims case coming up. I want to "stick it" to the plaintiff and file for bankruptcy, though that's not the main reason just a plus.

Long story short the case is frivolous and a last ditch attempt to make me look bad.

By filing for bankruptcy, does that instantly make the small claims case go away?

First time question, long time viewer. : )

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Attorney answers 3


Filing a bankruptcy just prior to the court date is ideal, because it will stop the lawsuit, and totally dismissed it. If you have an interst, I can help you get that done.

The DiGiulio Law Firm, LLC. Phone: 888-540-4529 Website: Atlanta, Marietta, Lawrencevile, Duluth, Alpharetta, Buckhead The information you're reading is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, or other communications should be taken as legal advice for any individual case or situation. Viewing the general information here does not constitute an attorney-client relationship. Please contact 770-309-9551 for additional questions or to schedule for your free phone consultation. If this question or answer pertains to bankruptcy, please be advised that we are a federal debt relief agency. One of our areas of practice is to help people file for bankruptcy relief and protection under the U.S. Bankruptcy Code.


You wrote, "First time question, long time viewer. : ) "

I am delighted that as a first time viewer, attorney Digiulio, was first to respond to your question: both for the accuracy of her answer and the far greater esthetic quality that her photograph brings to the viewer as compared to my Grumpy-Old-Lawyer mien.

I suggest you take her up on offer to consult.


Once the bankruptcy is filed your attorney should file a plea of stay in the small claims court which stops the lawsuit moving forward. A copy of the plea of stay is sent to the attorney and they usually file a dismissal of the claim within a few weeks. No it does not automatically go away, your attorney should be taking further action.