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You can include your time and legal fees but chances are you will not receive either in a judgment. definitely not your time and unlikely legal fees. From your description it sounds as though you have a great case to win a judgment but it is unlikely you will ever recover your money. If by some unlikely miracle you did get awarded your time and legal fees you will just add that to the balance owed. This is a case you could handle pro-se. Hiring an attorney is going to cost you more then your looking to recover and most likely will never recover.
I think Groesbeck makes a good point. This sounds like it could be a case of theft by deception. You could probably have him arrested if you can get the CL ad and be able to prove the car was sold after your check was cashed. You are probably also going to need to be able to prove the check was for the car. There are a lot of ifs. Then you need to convince a prosecutor to have him arrested and prosecute. That may prove the most difficult.
As a cop once said to me when my car door (not my 911) got kicked in by a guy who was jealous I was dating a girl he liked. "Some time a little street justice is in order".
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