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Pawnshop Law in Florida

I wonder if other states have the same policy. A person's stolen property was discover in a local Pawnshop. It had the perpetrator's thumbprint and other information and he was arrested. But the victim had to pay the pawnbroker
To get his property back. See the law below. What about your state?

Pawn Shop Law in Florida

Finally, Sheriff's Office spokeswoman Teri Barbara said people who can prove an item once belonged to them, can buy their stolen property back without being charged interest and without taxes, then go through the court system to get reimbursed

Interesting.

But you failed to give the link. I'd like to read it to see what it has to say.

Pawn shops: Getting stolen items back from the pawn shop can be a hassle. - Sun Sentinel

The Florida Pawnbroker Act is found here.

This part contradicts what OP suggested it says:

"...
(15) CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS HELD BY PAWNBROKERS.—(a) To obtain possession of purchased or pledged goods held by a pawnbroker which a claimant claims to be misappropriated, the claimant must notify the pawnbroker by certified mail, return receipt requested, or in person evidenced by signed receipt, of the claimant's claim to the purchased or pledged goods. The notice must contain a complete and accurate description of the purchased or pledged goods and must be accompanied by a legible copy of the applicable law enforcement agency's report on the misappropriation of such property. If the claimant and the pawnbroker do not resolve the matter within 10 days after the pawnbroker's receipt of the notice, the claimant may petition the court to order the return of the property, naming the pawnbroker as a defendant, and must serve the pawnbroker with a copy of the petition. The pawnbroker shall hold the property described in the petition until the right to possession is resolved by the parties or by a court of competent jurisdiction. The court shall waive any filing fee for the petition to recover the property, and the sheriff shall waive the service fees.
(b) If, after notice and a hearing, the court finds that the property was misappropriated and orders the return of the property to the claimant:1. The claimant may recover from the pawnbroker the cost of the action, including the claimant's reasonable attorney's fees; and
2. If the conveying customer is convicted of theft, a violation of this section, or dealing in stolen property, the court shall order the conveying customer to repay the pawnbroker the full amount the conveying customer received from the pawnbroker for the property ..."

I have now read the linked article. While it says "... the rightful owner has to pay to get back their items ...", I believe the writer of the article (and perhaps the sheriff's department) is misinterpreting the Pawnbroker Act. It looks like the sheriff's department spokesman misunderstood the law: Theft of goods doesn't change ownership. If your stuff was stolen and sold to a third party such as a pawnshop, it is still your stuff. If you find it, you can get it back (as the quoted portion of the statute indicates).

What a procedure to get your stuff back. Thanks

Quote:

Originally Posted by pastor1189

What a procedure to get your stuff back. Thanks

As quoted earlier, the statute says "... The claimant may recover from the pawnbroker the cost of the action, including the claimant’s reasonable attorney’s fees ...".

So get yourself an attorney to jump through those hoops.

I'd also be writing letters to your local representatives to change that state law, or at least make it easier for the rightful property owner. As I read it there is little incentive for Pawn shops to be discerning about what they take and from whom they take it... because they won't have anything to lose in most cases. Assuming people using a pawn shop won't have the spare cash laying around to take legal action, which would usually exceed the value of the items. Almost reads to a layman like that law was written by someone that owns a Pawn Shop.

How else does the pawnbroker recoup the money that he gave out to the perp when it was dropped off? He cant, unless he charges back. He was not a willing participant in the theft.

Quote:

Originally Posted by smoothy

I'd also be writing letters to your local representatives to change that state law, or at least make it easier for the rightful property owner. As I read it there is little incentive for Pawn shops to be discerning about what they take and from whom they take it... because they won't have anything to lose in most cases. Assuming people using a pawn shop won't have the spare cash laying around to take legal action, which would usually exceed the value of the items. Almost reads to a layman like that law was written by someone that owns a Pawn Shop.

You do understand that (as I believe, anyway), the sheriff's representative quoted appears to be misinformed as to what the law is?

Quote:

Originally Posted by Tickle

How else does the pawnbroker recoup the money that he gave out to the perp when it was dropped off? He cant, unless he charges back. He was not a willing participant in the theft.

It recoups its investment by charging interest on chattel loans, and a steep markup on items sold.

Possibly having to give the item back to the victim of theft is the risk that the pawnshop takes: that the chattel doesn't belong to the person pawning it.

Sure, if the pawn broker were proven to be a willing participant in the theft, he or she would also face criminal prosecution.

All of this brings to mind my experience a number of years ago. My home was burglarized, and I visited a local pawn shop in an attempt to find some of the stolen stuff. I saw a VCR which looked just like mine. I started to look at the serial number when the pawnbroker stopped me: he wouldn't let me see the serial number. I should have come right back with a cop.

Upon reading it again... I do see I understood it incorrectly the first time through. And it does read the way I thought it should have been. So my bad.