Welcome. My name is Maverick. I very much enjoy what I do and I hope that you will benefit from the information or assistance that I provide.
One option is to report the buyer to the local district attorney for a forgery
Second option is to sue the buyer for breach of contract
and for a declaratory judgment
[DJ]. Both of these claims under Texas law allow for the possibility of recovering your legal fees from the buyer if you win.
The breach of contract action will allow you to get a court order that says the deal is off and you get the car back because the buyer missed payments.
The DJ action will allow you to ask for an order that says that the title remains in your son's name which order the DMV must follow.
If you sue the buyer and the buyer does not have any money to hire a lawyer, he will probably default by not filing an answer or showing up to court hearings.
Also, you should not try any direct or indirect means of repo without a perfected lien. A perfected lien is shown on the title and recorded by the motor vehicle records department. In the absence of such a lien there may not exist a present right to repossess by self help repossession. You must first get a judgment and then a writ of execution to get the car back.
Please assign a feedback rating so JA will compensate me for my time. You are free to ask follow up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.
If, for some reason, you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place. Also, if you need a refund, just let me know and I will inform JA on your behalf. Finally, you may request me in the future by beginning the question with "THIS IS FOR MAVERICK".
Thank you for using Just Answer. Best wishes for 2015!