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No, he cannot sell a car or legally transfer title without the owner signing the title and allowing the sale. If this is what he did, you need to file a police report as if it was a stolen vehicle. Further, you need to alert the DMV that any signature on the title proporting to be your son's is fraudulant. Lastly, you may sue this man in small claims for fraud, theft, and/or the money he made on the vehicle.
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even if we just found out he sold the car back in Dec 2011. The DMV confirmed that the title changed over at that time. My son did not sign the title but it was in the car. This person was suppose to tell us when the car was to be sold. I am sure he is lying about the price he sold the car for so what kind of money can we get back?
Yes, even if he sold the car at that time. If you decide to file the report, it looks better if you just found out that he sold the car. If there is no way around it, it's fine if you found out in Dec 2011.
You can sue for the amount that he sold the car for, plus interest. If you don't know the amount, it will be up to the judge to determine what he owes you. You can also subpoena the person that bought the car and they can testify as to how much it was bought for. Further, it should say on the transfer of title.
In IL, the small claims limit is $10,000.00 so I would ask for the sull amount based on fraud, breach of contract and theft. Then let the judge decide how much you are owed. THis person may just decide to offer you a settlement once you file your lawsuit and at that time, you can decide whether to take it or not.
The clerk of court in the county where the defendant resides can give you all the forms that you will need in order to file your lawsuit. Just fyi, the costs and fees associated with having to file this lawsuit can be awarded to you as well.
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