1

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.

  • 1
    You could sue anyone who damaged your car, but if you got the car back intact you would need to show a monetary loss. Note that suing people in jail will likely cost you money. – Tiger Guy May 21 at 15:26
2

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.

| improve this answer | |
  • Person "c" is guilty of theft regardless of their belief about who owned the car. Mitigation against receiving stolen goods only applies if person "c" has purchased the car in good faith from "b". – Paul Johnson May 21 at 17:35
  • But person b now has no assets so suing them is useless – user31580 May 21 at 21:59
  • @PaulJohnson - Agreed - I should probably have stopped that paragraph after the first seven words. I've still got an idea about how it might mitigate (but not exonerate) : I'll edit to clarify. – ItWasLikeThatWhenIGotHere May 22 at 7:36
  • @user31580 - I'm not sure where all this talk of suing is coming from. The only person with legitimate damages is person "a", and these damages should have been recovered in restitution under a Section 205.090 prosecution. – ItWasLikeThatWhenIGotHere May 22 at 7:42
  • I concur that there would not be much, or any, suing going on here. Prosecutions, yes. – A.fm. May 22 at 12:06

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.