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Recover Stolen Heirlooms

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lostindixie

Junior Member
What is the name of your state (only U.S. law)? Georgia


On June 8, 2012 my house was broken into while I was at work. I received a phone call from a detective informing me of the matter. When I got home, the detective, 2 officers and I went through the house to make a list of the stolen items. After the search was done, I went to my room, with the detective, and gave him all the warranties, serial numbers, etc. on all the tools, computer, electronics I was missing. I also gave the detective photos of my grandmother's wedding ring that was stolen, along with photos of the other items of jewelry missing.

I was informed that jewelry is the hardest to recover, due to not having serial numbers. I did tell him that my grandmother's ring was engraved with her & my grandfather's wedding date.

The detective has called me numerous times, letting me know that he is still active in the case. He asked if i would check with the pawn shops in the area, to see if any of my stolen items had been pawned/sold.

On July 2, 2012 I stopped at a pawn shop and found 2 diamond necklaces, and my grandmother's ring. The owner of the pawn shop said without a police issued affadavit or search warrant, he could not release the items to me. I immediately phoned the detective, and he began the paperwork.

The detective and I met at the pawnshop on July 5, 2012. The owner gave the detective the information about the person who pawned the items. Then the owner informed me that the ring was sold on the 3rd of July.

From what the detective told me, I am pretty much SOL.

How do I get my jewelry back? Can I sue the pawnshop? The owner knew of my situation.


Side Note: The person responsible for the home invasion has been arrested, he was/is a homeless man, so I can't sue him! i won't get any compensation.
 


lostindixie

Junior Member
Does ths shop have a record of who they sold the ring to?
The owner said "Its his right to protect the well being, privacy and credilbility of his customers". Therefore he can not and will not disclose who he sold the ring too.

The detective assigned to the case, told me that I can not force a shop owner to distribute that type of information.
 

OHRoadwarrior

Senior Member
http://law.georgia.gov/00/opinion/detail/0,2668,87670814_90679019_93996132,00.html

Based on the Atty Generals comments, it appears you have a case to sue the pawnbroker as he had cause to suspect he was selling stolen property. I suggest you review the link and contact the Atty Generals office.
 

CdwJava

Senior Member
The police can seek a subpoena for the records from the pawnshop owner, but then you might be in a position where you will have to negotiate with the buyer to buy them back from him or her.

You may have to read up on GA pawn laws and where your rights might sit in this situation. It is very likely that no one can be forced to turn them back over to you. You can consult an attorney to see if you have any claim against the pawnshp broker, but I'm thinking not. Unless state law requires him to hold onto disputed items, you may be out of luck here ... sadly.
 

lostindixie

Junior Member
The police can seek a subpoena for the records from the pawnshop owner, but then you might be in a position where you will have to negotiate with the buyer to buy them back from him or her.

You may have to read up on GA pawn laws and where your rights might sit in this situation. It is very likely that no one can be forced to turn them back over to you. You can consult an attorney to see if you have any claim against the pawnshp broker, but I'm thinking not. Unless state law requires him to hold onto disputed items, you may be out of luck here ... sadly.
If the police don't do anything, sue the shop owner and get the names in discovery.
The pawn shop owner did infact sell the merchandise, but did not get any information from the purchaser. The owner claims that a business has the right NOT TO ASK for any personal information.

I spoke with a lawyer, and was informed that a pawnshop is legally allowed to sell any pawned or sold item after 15-30 days, depending on police reviewing the items.

The pawn shop owner did have a letter from the city police stating that all items inventoried for that time period were valid for resale.
 

xylene

Senior Member
You know who is guilty.

Hire a lawyer and sue the homeless guy and the pawnbroker.

Who cares if he is judgement proof - burn his buttocks. He is on the street - keep him that way.
 

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