(Topic ID: 152643)

Stolen Pins Found Thanks to Local Collectors-Legal Advice Sought

By Borygard

8 years ago


Topic Heartbeat

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  • 295 posts
  • 145 Pinsiders participating
  • Latest reply 8 years ago by Cudaman
  • Topic is favorited by 17 Pinsiders

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    #14 8 years ago

    As far as I know with Pawn shops, they are required to hold items for a certain amount of time, and get a daily report of stolen items, if they come into possession of any of the stolen items, they are required to report it to the police. When they took in the games they were required to get an ID of the person selling the games to them. I am no lawyer, but I would imagine this law is in every state.

    I agree get an attorney, as long as you have filed a Police report, the owner is required to return stolen property.. they even have insurance to cover when this happens...

    Good luck, hope you get them back.

    #17 8 years ago

    5. To obtain possession of tangible personal property held by a pawnbroker which a claimant claims to be misappropriated, the claimant shall provide the pawnbroker with a written demand for the return of such property, a copy of a police or sheriff's report wherein claimant reported the misappropriation or theft of said property and which contains a particularized description of the property or applicable serial number, and a signed affidavit made under oath setting forth they are the true owner of the property, the name and address of the claimant, a description of the property being claimed, the fact that such property was taken from the claimant without the claimant's consent, permission or knowledge, the fact that the claimant has reported the theft to the police, the fact that the claimant will assist in any prosecution relating to such property, the promise that the claimant will respond to court process in any criminal prosecution relating to said property and will testify truthfully as to all facts within the claimant's knowledge and not claim any testimonial privilege with respect to said facts. These documents shall be presented to the pawnbroker concurrently.

    6. Upon being served with a proper demand by a claimant for the return of property pursuant to subsection 5 of this section, the pawnbroker shall return the property to the claimant, in the presence of a law enforcement officer, within seven days unless the pawnbroker has good reason to believe that any of the matters set forth in the claimant's affidavit are false or if there is a hold order on the property pursuant to section 367.055. If a pawnbroker refuses to deliver property to a claimant upon a proper demand as described in subsection 5 of this section, the claimant may file a petition in a court of competent jurisdiction seeking the return of said property. The nonprevailing party shall be responsible for the costs of said action and the attorney fees of the prevailing party. The provisions of section 482.305 to the contrary notwithstanding, a court of competent jurisdiction shall include a small claims court, even if the value of the property named in the petition is greater than three thousand dollars.

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