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 Replies: 28 / Views: 6,212 |
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Pillar of the Community
United States
3843 Posts |
On another coin forum a prominent member (also an employee of a Cleveland area pawn shop) said that it was their store policy not to return stolen property to rightful owners unless the pawn shop was reimbursed the money that they used to pay the person selling the stolen goods. He also stated that this policy was perfectly legal and backed up by law enforcement. Naturally the above statement angered me and I decided to look into the procedures for recovery of stolen property and found some articles that partially collaborated the dealers statement in the State of Ohio and partially did not since victims in Ohio can take the pawn shop to court and demand the return of their items + attorneys fees without compensating the pawn broker. The below article explains the confusion surrounding the state laws well. Victims told to pay pawn shops to reclaim stolen items http://www.lancastereaglegazette.co...ms/71396214/Anybody have experience with these laws? Do they apply just to pawnbrokers or do they also apply to coin dealers, metals buyers, and other establishments that might come to possess stolen property. In my search and reading through articles, it appears to me that Ohio is not the only state where issues of this sort arise. Any thoughts or comments? Edited by Joe2007
12/28/2015 7:00 pm
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Pillar of the Community
 United States
3843 Posts |
It would be great if we could create a series of informative topics in this forum section on how to recover stolen items, tips how to properly secure one's home to make it less of a target, and other relevant discussions. Any attorney's or law enforcement folks here that can help shed light on the subject?
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Pillar of the Community
United States
1068 Posts |
No one should ever have to pay to get their stolen property back... If the pawn shop wants their money back then sue the person you gave the money to...
I think that would be a good idea Joe but the only problem I see is though is that you have 50 different states that do things 50 different ways...
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Pillar of the Community
United States
3843 Posts |
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Pillar of the Community
 Canada
5396 Posts |
Under common law title cannot pass with respect to stolen goods. In other words only the lawful owner can sell their goods to another party. Who knows what flaky state or country statute laws are these days.
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Moderator
United States
188990 Posts |
I believe that the shops here in SC are required to return (identified) stolen property to the police (which is used as evidence and eventually returned to the rightful owner). However, shop owners are able to seek restitution from criminals, assuming they are actually caught. Otherwise, this is their loss and they should realize this is a known risk of being in that business.
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Bedrock of the Community
United States
17884 Posts |
And hence one reason why pawn shops "lowball" because of that risk.
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Pillar of the Community
United States
3843 Posts |
Some more articles (Indiana) - Stolen merchandise protected by state law http://wlfi.com/2015/05/31/stolen-m...y-state-law/(Ohio) - Man forced to buy stolen tools back from pawn shop http://www.fox19.com/story/26549935...om-pawn-shop(Florida) - Stolen items at pawn shops often a challenge to get back http://articles.sun-sentinel.com/20...iff-propertyDisgusting in my opinion. If this ever happened to me I'd be definitely suing the shop (might be able to do it pro se without a lot of attorney's fees) but it's a principle thing, I'd sue just to make them suffer and try to run up their legal bills. I'd also make sure to go to the news media (milking it for all its worth) and post as many reviews on as many sites as possible. Any shop that doesn't return stolen property free of charge to the victim (with proper identification of the goods of course) deserves to have their reputation trashed. @jbuck - It appears that South Carolina's statutes are much more clear on the return of stolen goods. Apparently in some states the victim might not be able to recover them if the pawn shop purchased them in "good faith." Disturbing I know .... Here is an article for SC http://nccriminallaw.sog.unc.edu/mu...o-its-owner/Edited by Joe2007
12/30/2015 01:25 am
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Moderator
United States
188990 Posts |
Quote:
And hence one reason why pawn shops "lowball" because of that risk. Exactly. Quote:
Here is an article for SC That one is for NC, but I think it is very similar.  |
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Pillar of the Community
United States
3843 Posts |
Another black eye of the pawn shop industry in Ohio. Springfield theft victim mad he must pay pawn shop to get camera back http://www.springfieldnewssun.com/n...-shop/npz8Z/Quote:
A director of a local nonprofit has mixed emotions of joy and anger after one of the items stolen from him earlier this week has been found.
The ordeal has him raising questions about a state law that requires him to pay to get the stolen items back from a local pawn shop.
"I'm a victim twice here," said Scot Davidge, director of the Ohio Performing Arts Institute.
In the comments, the post by irsagent seems to have some good advice. Quote:
The victim is the Ohio Performing Arts Institute, not Scot Davidge, director of the Ohio Performing Arts Institute. I understand that victims are not lawyers with legal knowledge, but he had other options. He paid the $100 so he could retrieve the camera...NOW! The camera is evidence in a burglary investigation, apparently he could not or would not wait for that investigation to conclude with the apprehension of the seller of stolen merchandise, an ensueing trial and probable conviction, with the court determining the rightful ownership and the return of the camera for free. Alternatively the victim could have filed for right of replevin, which would prevent the item from being disposed of before a court decided rightful ownership, again for free or minimal costs, which also are recoverable. Expediting the physical recovery of the camera to the victims hands cost him because he didn't know his options or he chose the least delayed method of recovery. Personally I think that pawn shops should be required to post a placard from the state attorney general in their stores, explaining available options for victims of theft when they locate their items at a pawn shop. Victims should not be lied to by a pawn shop employee who tells them they must reimburse the shop for the item. |
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Bedrock of the Community
United States
17884 Posts |
If they won't return your items without you paying for them, couldn't you file charges against THEM for possession of stolen property? (And make it public, can't imagine any legitimate business wanting that type of publicity.)
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Pillar of the Community
United States
3843 Posts |
I don't know Condor, that certainly sounds logical. It appears the pawnbrokers association here in Ohio has some political clout. Their figure that only 1% of pawned items are stolen sounds like pure fiction to me. Yeah that might be the amount identified by victims and recovered by authorities but I'd guess the real figure would be much,much higher.
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Moderator
United States
188990 Posts |
Sounds like the right plan. Call the cops using your cellphone within earshot of the proprietors. May as well call the local news station, too.
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Pillar of the Community
United States
1590 Posts |
I'm a dealer in Ohio and have first hand information on this subject.
The fast and the dirty is that the law provides three possible actions when stolen property is found at a Coin Dealer/Pawn Store. The first is that the owner MAY reimburse the dealer. This is the law that 90 percent of the Dealers hold to. If I have heard it once, I've heard it a thousand times "the law doesn't want to make two victims of the same crime". Which is total BS. Because in my opinion doing that makes the Owner a victim twice over.
The second provision is that the Dealer MAY just give the items back. This is rarely followed, though it is the one I subscribe too.
The third is that the owners may recover by an action of law.
A note concerning the third. I had an associate who under no circumstances would return a stolen item, once it passed the 3 day hold period. Unless he was reimbursed. I told him he was wrong and he argued with me for three days, bringing up opinion from other dealers and attorneys.....or so he said ( and I believe he was honest in that, but only that he heard it second hand)
So one day we get a person who found his stolen in the shop. He refused to pay to get his property back and threatened a Court battle. My associate laughed in his face and told him he was wasting his money. On the day of Court all the parties arrived. The Judge read all the briefs and without asking a single question ruled in the Plantiff ( the party whose property was stolen) favor. He looked my associate right in the eye and said "You just threw your money away, the law is clear. Stolen property is always stolen property and does not become YOUR property just because you followed the State guidelines on holding incoming merchandise".
....and he is still arguing about why the Judge was wrong.........
Bottom line is if you sue in court in Ohio; you should get your property back.
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Pillar of the Community
United States
1590 Posts |
"Personally I think that pawn shops should be required to post a placard from the state attorney general in their stores, explaining available options for victims of theft when they locate their items at a pawn shop. Victims should not be lied to by a pawn shop employee who tells them they must reimburse the shop for the item."
That is in fact the law in Ohio.
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Moderator
United States
188990 Posts |
You are good and decent person, jmkendall!  |
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Replies: 28 / Views: 6,212 |
Posted 12/28/2015 8:01 pm
