Extortion or negotiation? Conspiracy or larceny by trick?

[Katherine Knigh]

I know

I had lost my wallet with $115.00 cash and licence, social security card, and other important cards two days prior. So, I had cousin put pawn in her name with my name added to ticket. I stood right next to her, heard her say to put my name on it so I could obtain it when I went back to pay loan off because it's my ring, and I handed broker my ring. He shook his head yes. NOT DENYING that. Because I witnessed this, I believed my name added on. My phone rang, I got distracted, and shoved folded ticket in my pocket how handed to me by cousin. Later found out she stole my wallet, and haven't spoke since.

 

[Katherine Knigh]

Then...

Ticket came up missing from where I stored it for safe keeping.

 

[Zigner]

...I had cousin put pawn in her name...

And...there it is. You gave your cousin permission to pawn it. The police won't even take a police report based on this (unless you lie.) Nothing illegal has occurred, except, perhaps, for your attempt to fraudulently recover the ring.

 

[Katherine Knigh]

No permission given

Why would I give permission to sell if I'm trying to pay loan to obtain my ring back? And why would pawn broker and owner repeatedly tell me one thing then another. They both said cousin got it back, then later tell me yes they purchased the ring that was in pawn that was deducted from purchase price?

 

[Zigner]

Why would I give permission to sell if I'm trying to pay loan to obtain my ring back? And why would pawn broker and owner repeatedly tell me one thing then another. They both said cousin got it back, then later tell me yes they purchased the ring that was in pawn that was deducted from purchase price?

You already told us that you had her "put pawn in her name". That is you giving permission! As to the rest, I have no idea, but the fact is that your cousin didn't get the ring back, and she's the only one who could have. Your beef, if any, (and I really don't buy your story) is with your cousin.

 

[Katherine Knigh]

Claim

I submitted a written claim on ring 8/10/16, when I finally had the $200.00 to pay loan after recovering financially from theft. I put that money away so come 9/20/16, I had it to get ring and pay loan. It is legally documented that I suffer from PTSDdue to law enforcement. That's why I haven't filed yet. YET!!!

 

[Katherine Knigh]

Permission

TO PAWN, NOT SELL, WITH KNOWLEDGE IN WRITING I AM ALLOWED TO PICK UP, but wasn't written after requested.

 

[Zigner]

TO PAWN, NOT SELL, WITH KNOWLEDGE IN WRITING I AM ALLOWED TO PICK UP, but wasn't written after requested.

Right - a pawn is a loan that uses a piece of personal property for collateral. If the loan isn't paid as agreed, then the item reverts to the pawn shop. The ring was pawned in your cousin's name at your direction. You were standing right there. Nothing illegal has occurred.

 

[Katherine Knigh]

Ok, then...

With all I have written and posted here, true to the best of my knowledge so help me God, with an unbiased mind and looking through multiple lenses, what would you recommend? And no letter given to pawn shop, just written and now destroyed. That's why I inquired prior to removing from notebook about possible extortion after I re read it.

 

[Zigner]

With all I have written and posted here, true to the best of my knowledge so help me God, with an unbiased mind and looking through multiple lenses, what would you recommend? And no letter given to pawn shop, just written and now destroyed. That's why I inquired prior to removing from notebook about possible extortion after I re read it.

Ask them how much you need to pay them to get the ring. Decide if you want to pay that much. If you don't, then carry on with your life without the ring. If you do, then pay it can carry on with your life with the ring.

Don't give them the letter - it has no legal meaning or weight in the matter. The pawn shop knows it and you know it.

 

[quincy]

Here is a link to California's pawnbroker regulations: http://law.justia.com/codes/california/2009/fin/21200-21209.html

I don't believe your story, Katherine Knigh. You have thrown in too many irrelevant details.

Contrary to the belief of some, adding these types of unnecessary details makes a story-teller sound like a liar.

But, if your unbelievable tale is really true, you can report your "drug addict, alcoholic, homeless" cousin to the police for the theft of your ring, this if your "PTSD due to law enforcement" doesn't prevent you from doing so.

 

[adjusterjack]

With all I have written and posted here, true to the best of my knowledge so help me God, with an unbiased mind and looking through multiple lenses, what would you recommend?

Earlier you wrote:

I also have note in writing from pawn shop owner stating "the ring is yours- for $280.00. And we pay the tax", owner signed, and wrote, ("that is on doc. 1237").

Here's my unbiased recommendation, after reading through multiple issues:

Take that note and $280 cash, go to the pawnshop, hand over the cash (if that price is still good) and get your ring back.

Expecting anything else is delusional.

 

[Zigner]

...you can report your "drug addict, alcoholic, homeless" cousin to the police for the theft of your ring...

The OP would be filing a false police report. The OP directed her cousin to pawn the ring in her (her cousin's) name. There was no theft of the ring, and the OP knows it.

 

[Katherine Knigh]

According to California laws pertaining to pawn shops

Title 4 Regulation of Interest, Loans, and Financial Transactions, Subchapter C. Pawn Shops Ch. 371 Pawn shops,
Amended by Acts, 1999, 76th Leg., Check. 801, Sec. 7, eff.: 9/19/99, Section 371.156- Pawn Transaction states:
D) Pawn broker may not divide pawn transaction into more than one transaction to obtain or with the effect of obtaining a total pawn service charge that exceeds the charge authorized for an amount financed that is equal to total of amount financed resulting transaction.

See the mal intent now?

 

[Zigner]

Title 4 Regulation of Interest, Loans, and Financial Transactions, Subchapter C. Pawn Shops Ch. 371 Pawn shops,
Amended by Acts, 1999, 76th Leg., Check. 801, Sec. 7, eff.: 9/19/99, Section 371.156- Pawn Transaction states:
D) Pawn broker may not divide pawn transaction into more than one transaction to obtain or with the effect of obtaining a total pawn service charge that exceeds the charge authorized for an amount financed that is equal to total of amount financed resulting transaction.

See the mal intent now?

Huh?
The pawn was a single transaction.