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PAWN SHOP PROBLEMS

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E

ERIC

Guest
I RECENTLY PAWNED A SUBWOOFER COMPONENT BOX,BUT WHEN I CAME TO REDEEM MY PAWN TICKET(I DID NOT SELL IT!),THE CLERKS AND ASST. MANGER COULD NOT "FIND IT". WHILE WAITING I BROWSED THE STORE, AND "FOUND" MY SUBWOOFER BOX, MINUS 2 SPEAKERS(IT HAD 4). IT HAD ALSO BEEN DROPPED ON 2 CORNERS(ITS MADE OUT OF 0A WOOD COMPOSITE)AND THE FELT COVERING HAS BEEN TORN. I HAVE PREVIOUSLY TAKEN IT TO THIS PAWN SHOP WITH NO PROBLEMS,SO THEY KNOW THE VALUE OF THE BOX.
WHAT IS THE EXTENT OF THIER LIABILITY? SO FAR I HAVE NOT BEEN CONTACTED BACK FROM THE PAWN SHOP, BUT I WILL CALL THEM TODAY.PLEASE ADVISE IF POSSIBLE. THX !
 


I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ERIC:
I RECENTLY PAWNED A SUBWOOFER COMPONENT BOX,BUT WHEN I CAME TO REDEEM MY PAWN TICKET(I DID NOT SELL IT!),THE CLERKS AND ASST. MANGER COULD NOT "FIND IT". WHILE WAITING I BROWSED THE STORE, AND "FOUND" MY SUBWOOFER BOX, MINUS 2 SPEAKERS(IT HAD 4). IT HAD ALSO BEEN DROPPED ON 2 CORNERS(ITS MADE OUT OF 0A WOOD COMPOSITE)AND THE FELT COVERING HAS BEEN TORN. I HAVE PREVIOUSLY TAKEN IT TO THIS PAWN SHOP WITH NO PROBLEMS,SO THEY KNOW THE VALUE OF THE BOX.
WHAT IS THE EXTENT OF THIER LIABILITY? SO FAR I HAVE NOT BEEN CONTACTED BACK FROM THE PAWN SHOP, BUT I WILL CALL THEM TODAY.PLEASE ADVISE IF POSSIBLE. THX !
<HR></BLOCKQUOTE>

My response:

This is something that you MUST put into writing, and mailed by certified return receipt. You want to make sure that you do this within the time frame for redemption of your goods, which will eliminate one of their potential defenses, e.g., that the item was theirs due to the fact you failed to redeem it on time. The pawnshop created a what is called a "bailment." As such, they had a duty to you to use great care to protect your item from loss, theft or damage. As such, and since the item sounds to be fairly damaged to the point of worthlessness, they owe you the "fair market value" of the item. For example, if you originally bought the item for $100.00, and it is now 3 years old at the time of damage, the fair market value would be what a "bonified purchaser" would have paid you for the item, if sold. I would guesstimate that the item is worth 25% to 35% less than what you originally paid for it. Put that in the letter also, "demanding" payment, within a reasonable amount of time. If they fail to pay you, they are also liable to you for the "coversion" of your item to their own, unlawful, use. A conversion can only occur after an owner has entrusted his or her property to another. Thereafter, if the possessor acts in a manner inconsistent with the owner's interests, the owner's cause of action for conversion accrues at that time. In the context of a bailment, for example, if the bailee does nothing inconsistent with the bailor's right of ownership or in repudiation of that right, the bailor's cause of action for the return of the property does not accrue until the bailee refuses a demand to surrender the property. However, although an owner's cause of action accrues when the conversion occurs even if the owner is ignorant of the wrong committed, where there has been a fraudulent concealment of the facts, the statute of limitations does not commence to run until the aggrieved party discovers or ought to have discovered the existence of the cause of action for conversion. If they fail to pay, "don't take the law into your own hands . . . you take 'em to court."

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."



[This message has been edited by I AM ALWAYS LIABLE (edited March 14, 2000).]
 
E

ERIC

Guest
Thank you for your reply. I feel much better know I have a legal leg to stand on. Latest update, still no response from pawn shop manger, I think he's ducking my calls. I am going there in person today to give them a fair chance to rectify the situation honorably. Also,here's a few more details. I bought the box less than a year ago for $275.00 from a discount wholesaler at an electronics show. I dont have the recipt, but the pawn shop acknowledged its value by giving me a loan of $70.00. I priced a comparable type sub-box like mine at Crutchfeild online (model rfb-2122),and it priced out at $330.00. Would this be considered it's its replacement value?
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ERIC:
Thank you for your reply. I feel much better know I have a legal leg to stand on. Latest update, still no response from pawn shop manger, I think he's ducking my calls. I am going there in person today to give them a fair chance to rectify the situation honorably. Also,here's a few more details. I bought the box less than a year ago for $275.00 from a discount wholesaler at an electronics show. I dont have the recipt, but the pawn shop acknowledged its value by giving me a loan of $70.00. I priced a comparable type sub-box like mine at Crutchfeild online (model rfb-2122),and it priced out at $330.00. Would this be considered it's its replacement value? <HR></BLOCKQUOTE>

My response:

Dear Eric:

You're not listening, and I'm trying to help you. What did I tell you in my very first sentence? "This is something that you MUST put into writing." No one told you to go into the store and confront the manager. What record would be made of that meeting? How would you prove anything that was said? Read my whole first response to you again. And no one said anything about "replacement value." I told you that you are entitled to the "fair market" value, not the Crutchfield price, or the price you actually paid. The fair market value is based upon an item that is 1 year old, and what a "bonified purchaser" would buy it from you for. If you start making things up in front of a judge, you're going to lose your credibility. Now, go back and re-read my first response to you, and put your "demand for payment" in writing, with a time limit for response, with a copy of your pawn receipt, and a copy of a few ads from your newspaper for the same item being sold, and send it all by Certified, Return Receipt Requested mail. Then, after the "time limit" get back to me.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

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