Pawn shop nightmare
Post ReplyPost New TopicPosted 1/24/2013 by ScrapbookFran in NSBR Board
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shannoninkc
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Posted: 1/24/2013 2:38:32 PM
yup, yup, yup, we learned a lot with that massage story.

Unless YOU were robbed, no need to take this to social media! I mean, the OP could be embellishing and stuff. You know, the police report, etc, etc, etc.

And really, do we know it happened to the OP, or maybe it was a cousin! Then it's second hand news!!!!

I'm glad THAT thread was brought up, to remind us NOT to complain about such things, unless it happened to us.

Good talk!


pennyring
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Posted: 1/24/2013 2:44:54 PM
Sorry this happened to you.


But this:

The police didn't take the jewelry. He left it at the pawn shop with instructions to them to put it aside because he will be arrested if he does not return my property.



Says to me that you're getting it back. Just file the whatever with the court and get it. Done and done. Don't deal with Pawn Shop jackass.




justalittletike
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Posted: 1/24/2013 2:50:54 PM

and the police are generally too lazy to do anything anyway.




this or the law doesn't allow them to do anything further because that is a HUGE difference!







haveitall
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Posted: 1/24/2013 2:59:48 PM
First I would try and file a police report againt the Pawn Shop. They have stolen property. It is yours. Call the tv and radio stations and see what they can do. Get your insurance involved.

Sylvia in MN

obsidian
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Posted: 1/24/2013 3:09:23 PM
It happens unfortunately. What I used to do was charge the owner for a fair price for the right to sell the items I diodn't want and get anything of significant emotional value returned for free. Normally I came out in profit and could replace my Jewellery with nicer things.

And yes it is stolen property proving it in the courts that exact item is yours can be a PITA. sometimes is the big issue.

mishkismom
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Posted: 1/24/2013 3:11:24 PM
I think pawn shops need to keep records for police in theft cases. They need to show who they bough what from on each item. In CT I think they need to keep records and the cops come to look at them but in other states they may need to send them to cops? (That is a guess)
I'm so sorry this is happening to you. I want to say get it all back legally through the police but I would be afraid the pawn guy would "forget" to put a few pieces away.


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I-95
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Posted: 1/24/2013 3:45:42 PM

and the police are generally too lazy to do anything anyway.


this or the law doesn't allow them to do anything further because that is a HUGE difference!


Yes, I understand that. What I meant was in MY area, the police never followed up on my reported loss. DH and I went out and visited pawnshops until we found my jewelry, but the police had never contacted them.

justalittletike
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Posted: 1/24/2013 3:54:29 PM
in general most of the time police departments have a CID unit that specifically handles burglary thefts and they check Pawn shops for theft reports but that is A LOT of work added to checking serial numbers that are system docuemented and KNOWN leads so I will tell people if you have something with a serial number please make sure you document document document... so we have something to enter into the system, otherwise we "basically" have nothing to go off of but a description or a picture. It is basically like searching for your needle in a haystack and sorry but everyone wants their needle searched for and that doesn't make us lazy it just makes us very busy. We run hundreds of numbers of potential stolen items that are not stolen, can you imagine the number of items out there that don't even have numbers that we are expected to maybe find owners.

jewelry is so tough to catch because we have to "find" it and people just don't understand how hard it is to just find. I know in this case it was found and the officer had to go off what was in his limits in Florida but typically speaking they don't run find stuff unless someone runs across their own items because there just isn't enough man power to search for items, it is hard enough finding listed documented items that have traceable numbers.



OP in your situation though I would just cut the hassle and file your paper work and get your stuff back. By the time you mess with it all you could be half way done. It really does suck but don't even mess with the jerk and just get the mess over with.







justalittletike
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Posted: 1/24/2013 3:57:33 PM
sorry my post is a mess above I am in a hurry, I will try to edit it later.







Dalai Mama
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Posted: 1/24/2013 4:05:03 PM

yup, yup, yup, we learned a lot with that massage story.

Unless YOU were robbed, no need to take this to social media! I mean, the OP could be embellishing and stuff. You know, the police report, etc,
Or, as in this case, maybe the shop owner hasn't done anything wrong and then wouldn't you be showing your ass.


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Miss Lerins Momma
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Posted: 1/24/2013 4:07:01 PM
That is awful!

I'd do as the police officer told you and do all the paperwork and get it back for free. There is no way that I would be paying for something someone stole from me!








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gypsyz3
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Posted: 1/24/2013 4:19:58 PM
Another Floridian with a similar story. We had a company truck stolen. The truck was abandoned by theifs on the side of the road and impounded. Then we get a call from the tow company that they have our truck. We had to pay the impound fees to get our truck out of the tow lot. The police said there was nothing they could do in the matter. I live in a big city and car theft ranks so low in police issues that other than filing a police report, there really isn't much else that they will do. Sucks

I would personally pay to retrieve any pieces of sentimental value and go through the courts to get the rest. I would be very concerned that the pieces may get misplaced in the time it takes to get a court order.

I understand why the law is in place. They need proof that the items were in fact stolen and not a case where a person pawns their own jewelry, then reports it stolen and the pawn store has to return it for free.





Enough
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Posted: 1/24/2013 4:28:03 PM
Shannoninkc, I can't believe you still don't see a problem with sending a mob of strangers to ruin someone's livelihood when said strangers obviously don't have all the info.

No one said the OP was embellishing or it isn't true. How do you not understand the issue?

grammanisi
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Posted: 1/24/2013 5:39:48 PM
My daughter's house was robbed a couple of years ago. The cops couldn't have cared less and all but accused my DD and DSIL of doing it themselves. It turned out it was their neighbor. He was caught walking down the street carrying someone's jewelry box. We found out later he was a heroin addict. Anyway, he stole all of their prescription drugs, all of her jewelry and my 2 granddaughter's jewelry, a couple of video game systems and some cash. She and I did all of the leg work of going to every pawn shop in our area, after he told the cops where he had taken it to. We found some of the jewelry and one game system. We were told the same thing, they had to buy it back.

They never got all of their stuff back, but he has to pay them restitution oce a month.


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ScrapbookFran
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Posted: 1/24/2013 6:28:23 PM
Xanax for everyone! I did not call for an outing/bashing on social media. The Pea who posted that was only trying to help me.


frankly, unless there's an allegation that the pawn broker knew the stuff was stolen, the cop had no right to tell him he couldn't sell it.


Lauren, do you think I haven't already Googled all this? If you read my OP, you would have seen I said that pawn shop guy did what he was supposed to do as far as reporting, getting fingerprint, yada yada. The difference in this case is that pawn shop guy knew it was stolen and I can prove it.

BTW, the cop had every right to tell him that he is not permitted sell my stuff to any third parties (meaning ANYONE except me) or otherwise dispose of the property because it is now police evidence in an active investigation. The only person who it can be released to is me. Luckily for me, that is also the law. However, it is also true that the law/statutes as written side with him about his being able to charge me to recoup his "loss."

The cop took video and digital pictures of my jewelry, so I'm okay on that part.

The point of my thread is that just because it's legal does NOT make it right. I will repeat that it was a judgment call by pawn shop guy and he chose the money. He should have taken my $150 and called it a day. Now he will get absolutely zero.



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Long ago Barney
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Posted: 1/24/2013 6:37:59 PM
I thought it was illegal to purchase stolen goods and they had to relinquish them????


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batya
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Posted: 1/24/2013 6:44:50 PM

However, it is also true that the law/statutes as written side with him about his being able to charge me to recoup his "loss."



I do feel for you. Our house was broken into when I was 9, and I was home, and all my mother's jewelry was stolen, mostly sentimental items that were never recovered.

But the shop owner was a bona fide purchaser for value. He does have a real loss. He spent $450 on items that he only later found out were stolen. (Although I can only imagine how many things he buys that are actually stolen.)

According to the Fla Court website, since you searched you know and probably why you came up with the figure to repurchase, will cost you about $155 to file the writ to replevin the jewelry. I hope you get everything back. But vilifying the pawn shop owner isn't fair either, b/c he didn't steal it and he, too would have a loss, if you look at it objectively, which you can't and I certainly understand why you cannot. I'm so sorry this happened to you.



OK. Newbie. This is how it works. If your post consists of 80% sanity, 10% stupidity and 10% all kinds of crazy, we immediately focus on the 20% b/c it discredits the 80%.




benem
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Posted: 1/24/2013 6:44:56 PM
The cops don't let him keep it and sell it back to you. It's stolen.


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styxgirl
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Posted: 1/24/2013 6:55:56 PM
Instead of being mad at the pawnshop, you need to take your wrath onto the person that stole from you!

You are lucky the thief went to a pawnshop and they found your jewelry! Now they have someone to prosecute. Or, was it someone you know that you don't plan to press charges?

The pawn owner should not be out the money they spent to buy it. The scum bag that stole it from you and sold it it the shop should be the one you are mad at and should have to pay in the end.

You are lucky the pawnshop followed the laws or you probably would have never seen your jewelry again.

You should call your insurance company an see if they would reimburse you for the money it would take to get your jewelry back. Would be cheaper from them than replacement cost.

Many years ago our house was broken into and my Grandmother's mothers ring was stolen. I wish it would have been found in a pawnshop so I could have had a chance to get it back. It was never found. I would pay well more than what it was worth to have it back again.

This will be an unpopular opinion, but I feel the pawnshop owner is the unlucky middle man and you should be pissed at the real 'asshat' that stole your belongings from your home.

ETA: I am sorry that someone stole from you and your home. That is a horrible feeling an a very bad thing to go through. I hope you are able to get things resolved.


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Simply_Lovely
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Posted: 1/24/2013 7:20:53 PM

I thought it was illegal to purchase stolen goods and they had to relinquish them????


It's illegal to KNOWINGLY purchase stolen goods. Big difference.




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Eddie-n-Harley
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Posted: 1/24/2013 11:42:50 PM
If you file for the writ of replevin then, when it comes time to fill out your victim impact statement in the criminal case, don't forget to also request the writ's filing fee as part of the restitution amount.

I don't know if you're entitled to that fee as restitution under Florida law, but it definitely will not be awarded to you if you don't ask for it.

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Posted: 1/25/2013 5:52:42 AM

Pawn shops are not the only middle men in these situations. I work PT doing stuff online for a local jewelry store. The owner does a huge business in buying gold, silver and jewelry. Good luck trying to figure out who is selling legitimately and who is not. With the exception of a very few who are nervous messes, most people have a plausible story. And the great majority are true. Trying to figure out which ones are not is almost impossible. As a buyer like that though, he is required to photocopy a driver's license and keep records of every transaction. From time to time, the sheriff's department will come by looking for specific items.


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catholicone
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Posted: 1/25/2013 7:55:39 AM
I disagree that the pawn shop owner is "innocent" in all of this. Sure, he is out money because he was lied to DESPITE the written contract and fingerprint the thief signed...but that's the nature of his business, pawn shops deal with liars and thieves sometimes, it's just a given (before anyone gets their knickers in a twist, I said SOMETIMES, plenty of honest people use pawn shops the way they're meant to be used).

There are foreseeable risks in every business, people get screwed out of business transactions all the time. That's why there are protections and controls, like insurance and the court system.

If he was ethical and wanted a clean conscience about it he would have given the jewelry to the police to hold as evidence whether they wanted it or not and pursued a small claims lawsuit against the thief.

KikiNichole
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Posted: 1/25/2013 8:03:57 AM
I've read this thread several times now...and I just want to tell the OP that I'm sorry. I am so sorry.

Whether what the pawn shop owner did is legal or not doesn't even matter to me.

*You* were a victim, without a qualification. If we really want to look at culpability, it seems to me that by virtue of his business, the pawnshop owner assumes a certain liability when purchasing goods, so HE has a bigger onus in making things right, and is much LESS a victim than you.

And I'm sorry that people are so flip to be telling you, 'Hey, you're lucky they found your stuff...what a great guy that pawnshop owner is to have, you know, done things legally. That's awesome. Why aren't you grateful?'

There is legal and there is moral. And this guy is a douche. And I'm sorry you're even having to deal with it and I'm even sorrier that people here are acting so c'est la vie about your victimization. Both of them leave me feeling mad *for* you.

I hope in the end, you get what is rightfully, morally and legally yours...without having to pay anyone a single red cent. If it were me, I'd stand outside the idiot's business, carrying a sign warning people to watch out...HIS mistake will become THEIRS.


~Kristen~

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Posted: 1/25/2013 8:19:32 AM
I'm curious now. Potentially buying stolen merchandise is a very probable situation for a pawn shop. It's why there are laws about how long they have to hold merchandise they purchase before being allowed to offer it for sale and why police departments have pawn shop details.

That said, don't pawn shops carry insurance that would reimburse them for the money paid out for merchandise they purchase that have later been determined was stolen?


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KikiNichole
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Posted: 1/25/2013 8:23:04 AM
I was thinking the same thing, but I bet it's incredibly difficult and/or highly expensive to buy insurance to cover that kind of risk. What insurance company would ever want to pay out on that?


~Kristen~

catholicone
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Posted: 1/25/2013 8:24:35 AM
Probably VERY difficult and expensive, but possible. As a business owner it's his responsibility to cover his own rear if he wants to be successful in the long run.

Dalai Mama
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Posted: 1/25/2013 8:28:29 AM

And I'm sorry that people are so flip to be telling you, 'Hey, you're lucky they found your stuff...what a great guy that pawnshop owner is to have, you know, done things legally. That's awesome. Why aren't you grateful?'
Apparently you and I are reading different threads.


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Posted: 1/25/2013 9:39:58 AM
That sucks.. I feel for you!! I would be flippin mad...




Simply_Lovely
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Posted: 1/25/2013 9:45:01 AM

There is legal and there is moral. And this guy is a douche


Why is he automatically a douche? He is a small businessman and he probably has a family to feed. Sure the NICE thing to do would be to return everything for free. But why should he be out of money? If a hungry person comes to a grocery store and has no money to buy food, the nice and moral thing to do would be to give him free food. But then the grocery would go out of business and then what?
Believe me, my heart is with OP. It's a horrible situation. But to vilify this guy as if he were the thief is a little too much IMO. We don't know what happened. Some people have very negative perceptions about pawnshops, but they do exist and sometimes that's the nature of their business.




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sweetpea4Utoo
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Posted: 1/25/2013 11:29:39 AM
One of the Representatives in my state (Maine) is trying to pass a new bill that would put some restrictions on pawn brokers...such as

* Take digital photographs of property pawned or purchased.

* File those photographs with local law enforcement once a month.

* Hold on to items for at least 30 days after the expiration of the repurchase period.

* Hold on to an item for at least 60 days if they purchase personal property with no condition of repurchase.

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Mallie
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Posted: 1/25/2013 11:48:28 AM


Why is he automatically a douche? He is a small businessman and he probably has a family to feed. Sure the NICE thing to do would be to return everything for free. But why should he be out of money?
Because it's the risk -- or should be -- of the business he chose to enter. Every investment carries a risk of failure. That's the nature of business.

It boggles my mind that it's perfectly legal for a pawnshop owner to profit by selling goods proven to be stolen and that anyone would defend it as morally acceptable.

justalittletike
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Posted: 1/25/2013 12:01:37 PM
He is not allowed to sell them after he finds out they are stolen. He is only allowed to "sell" them to the owner to recoup loss






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justalittletike
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Posted: 1/25/2013 12:04:52 PM
Honestly it still stinks but really it is fortunate it didn't get sold before OP had a chance to find the jewelry. Then there would have been 3 victims.

1. OP
2. Pawn dealer unknowing purchasing items
3. Client unknowing purchasing items at pawn shop..

I mean the OP could have been on vaca while all the above could have taken place.

Then you have some poor smuck buying jewelry not yet reported stolen he has already paid for he is either about to lose AND Lose his money with some explaining to do or he might get his money back but has to explain to said girlfriend or wife






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angievp
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Posted: 1/25/2013 12:14:07 PM
I agree with the others who say the pawn shop owner is not a douche. He did not know the jewelry was stolen when he purchased it, and as Batya pointed out, he is a bona fide purchaser for value without notice. WHY should he be out the 450 dollars to be "nice?."

It's not immoral either--his actions are morally neutral- someone came into his shop, probably indicated the goods were not stolen and he spent money purchasing those goods. The OP can go ahead and file with the courts to get her belongings, but the pawn shop owner here has clean hands.




Happy Wife
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Posted: 1/25/2013 12:17:44 PM
What is the name of the Pawn Shop?
There many be a powerful pea out there...

Enough
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Posted: 1/25/2013 12:56:07 PM

What is the name of the Pawn Shop?
There many be a powerful pea out there...


I guess you haven't read the whole thread.

ScrapbookFran
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Posted: 1/25/2013 1:33:59 PM
I'll repeat: the owner knew the jewelry was stolen but did not care. He is not a family guy just trying to feed his family. He is not the unfortunate middleman. He is the epitome of douche.

He know exactly who the robber is. Why can't the pawn shop seek the $450 restitution from him when he is arrested instead of me seeking it? I'm not going to hold my breath until I get money from the robber. Just because he is ordered to pay it doesn't mean he will. Duh.

I didn't trade goods for money. HE DID. He is the one who is out the money. NOT ME. I didn't receive anything for my stolen goods. Everybody in the "deal" came out a winner except me, the one who didn't do anything wrong. He is the one who should want restitution from the asshat. If he isn't confident that he will get it, that is the risk he takes as a pawn shop owner. It was his decision to sell, not me. Why should I pay the price for his poor judgment? Why should I absorb his cost of doing business? I had zero part in this whole situation.



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batya
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Posted: 1/25/2013 1:37:11 PM

I'll repeat: the owner knew the jewelry was stolen but did not care.


He admitted this? I don't see how you know this and how this was communicated to the police. Is this info in your police report?


OK. Newbie. This is how it works. If your post consists of 80% sanity, 10% stupidity and 10% all kinds of crazy, we immediately focus on the 20% b/c it discredits the 80%.




PierKiss
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Posted: 1/25/2013 3:50:20 PM
How do you know that the pawn shop owner knew the jewelery was stolen?



justalittletike
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Posted: 1/25/2013 4:35:20 PM
So pawn shop owner "knew" it was stolen when he purchased it from the burglar?

Not when police informed him he had purchased stolen property and was now in possession of it?






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shannoninkc
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Posted: 1/25/2013 8:02:23 PM
Enough,

I get it. I just don't get it like you get it. Got it?

And I don't really care. Hey, I said don't go to social media. I was taught right here that is wrong!!!!

So, I guess that means I get it, right? And if I don't get it, I probably won't ever get it, got it?

Good talk!

shannoninkc
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Posted: 1/25/2013 8:04:10 PM
Side note: There seem to be a shit ton of pawn shops in Florida. And strip clubs.

ChildOfThe60s
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Posted: 1/25/2013 11:09:39 PM
You have legal recourse. Take it and request that he reimburse you for filing fees as well. Or call your local news team and let them give him bad press.


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Loc: New York

Posted: 1/26/2013 6:59:54 AM

I'll repeat: the owner knew the jewelry was stolen but did not care. He is not a family guy just trying to feed his family. He is not the unfortunate middleman. He is the epitome of douche.


If you can prove that he knew the jewelry was stolen, I'm sure the court will issue a writ of replevin so you can get the jewelry back at no cost. Otherwise, you may have to pay. Pawn shops are shady businesses but they're legal. Just like payday loans, rent-a-center and the like and buy here/pay here car lots. They prey on the poor/dumb/criminal element.


---Jen---

PerfectCircles
In a world of spheres

PeaNut 84,430
May 2003
Posts: 6,342
Layouts: 29

Posted: 1/26/2013 8:45:54 AM
I agree with the OP. I don't understand why the victim has to sue for restitution. The victim should get the items back for no fees and the business owner should be the one to have the choice of filing for restitution. I don't understand why the law is written differently. There is a risk to owning a pawn or jewelry shop. There shouldn't be a risk to keeping your belongings in your own home.

justalittletike
AncestralPea

PeaNut 434,313
August 2009
Posts: 4,499
Layouts: 26

Posted: 1/26/2013 8:51:29 AM
I think we all agree it sucks but it doesn't make it the dudes fault if he is following the law. He is within his rights as crappy as they are.






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ScrapbookFran
Changing it to Phrann

PeaNut 134,608
March 2004
Posts: 7,777
Layouts: 165
Loc: At my wit's end

Posted: 1/26/2013 5:04:31 PM
Can someone please tell me who shannoninkc is talking to? If it is me, I am unclear what the snark is about.

I'm completing the papers this weekend. Good idea to ask for the money for filing fees, bond, and such. May not get that, but it's worth a try.

Appreciate the well wishes!


the Pea f/k/a Frannie HaHa

ScrapbookFran's Blog





We judge others by their actions, but ourselves by our intentions.



justalittletike
AncestralPea

PeaNut 434,313
August 2009
Posts: 4,499
Layouts: 26

Posted: 1/26/2013 6:43:20 PM
No she isn't talking to you. She is fighting with ENOUGH (screen name ) reference the OMG massage fat thread and alerting social media. Someone else made reference to it.

But haha I read it as enough.. Haha I have had enough. No where did I include the screen name in my mind!






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Enough
BucketHead

PeaNut 553,030
April 2012
Posts: 656
Layouts: 0

Posted: 1/26/2013 9:38:59 PM

But haha I read it as enough.. Haha I have had enough. No where did I include the screen name in my mind!


Sorry for the confusion with my name.
Funny thing... up at the top where you log in and it says "Your Screen name" "Not your screen name?" Mine says "Enough" "Not Enough?" It makes me chuckle every time I see it.
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