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Person b steals a car from person a by forging the registration ie a civil manner.

Then person c steals the car.

How would a civil lawsuit work? Would person a sue b and c at the same time? Or sue them separately?

Is the transfer from b to c conveyance even though b didn't consent?

Person b now has no assets so suing them alone is useless.

user31580
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2 Answers2

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I'm not sure there would be any need - or any ability to bring - any civil action.

Forgery would appear to count as a Category D felony under Section 205.090 and, "In addition to any other penalty, the court shall order the person to pay restitution.", so person "a"'s damages should have been met under the process of the criminal prosecution of person "b" for forgery, with nothing further to claim.

Person "c" will have stolen a car. Whether that car was legitimately owned by person "a" may only be relevant if person "c" is using their belief that it belonged to person "b" as mitigation (for example recovery of a debt - though it won't help much as this should have been done through proper channels), which again would be a criminal proceeding.

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Person b steals a car from person a by forging the registration ie a civil manner.

This is not a civil matter, this is a forgery and a crime. Bob did not gain good title in the car, he is in illegal possession of the car.

Then person c steals the car.

Again, a crime, and Bob can not transfer good title to Charly in any way - because Bob does not have good title, even if Bob subsequently agrees to the taking by Charly. And Bob can't (legally) sue Charly to get the car back, because Bob does not have good title.

Alice, the original owner of the car, has good title. She can legally sue Bob to try to get her car back or its value from the day it was taken from her and, in general, be made whole. But Alice was not deprived of the car by Charly, so she can not sue Charly for the damage.

The state may prosecute Bob for the forgery and subsequent theft leading to the deprivation of the car from Alice. The state may also prosecute Charly for possession of the stolen car, and the theft of it.

Trish
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