Muskogee, OK asked in Gov & Administrative Law, Municipal Law and Native American Law for Oklahoma

Q: My ex has my truck that he claims as his & refuses to give it back. He had my name removed from the title.

I have receipts, a notorized bill of sale and an affidavit signed by a judge showing ownership. It was originally in my name thru the State but I added his when we registered it thru Cherokee Nation. We did so due to cheaper tags. I have the physical title but somehow he's had my name removed! We did list it as and/or which I never should have done. What can I do to recover it?

I have contacted Cherokee Nation tag office to no avail! All they would tell me is there is only one name present on the title! I tried explaining my situation & although they listened, they told me it was out of their hands! I also have text messages from my ex telling me he took my name off & there's nothing I can do about it!

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Municipal Law Lawyer
  • Sacramento, CA

A: Given the complexity of your situation, involving both the removal of your name from the vehicle title and the presence of documents proving your ownership, your first step should be to contact the Cherokee Nation's vehicle registration office or the equivalent authority that manages vehicle titles. Explain your situation and provide them with the receipts, the notarized bill of sale, and the affidavit signed by a judge. These documents substantiate your claim of ownership and may help in rectifying the title issue.

If the administrative route doesn't yield results or if you face resistance, legal action might be necessary. Since you have substantial evidence of ownership, including the original title and legal documents, these can serve as a strong basis for your case. You may need to consult with an attorney who has experience in property or vehicle title disputes to discuss the possibility of filing a lawsuit to recover the vehicle or to have your name reinstated on the title.

In the meantime, document all interactions with your ex and any attempts to resolve the situation, including any communication with the Cherokee Nation's vehicle registration office or legal consultations. This documentation will be valuable in any legal proceedings, demonstrating your efforts to resolve the issue and your legal claim to the vehicle. Remember, the and/or designation on the title typically means either party can take action regarding the vehicle, so your evidence of primary ownership will be crucial in asserting your rights.

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