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Return of stolen pawn shop items

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cope49

New member
What is the name of your state?FL

I'm not sure if I'm even in the write forum here and hope that if I'm not, someone can at least lead me to the right spot. My problem is pretty lengthy but I'll try to sum it up. I had items stolen from my home back in May, 2018. Early in July, 2018 the police were able to find some of my stolen jewelry in a pawn shop 3 cities out from me. The robber is currently in prison; however, the pawn shop will not relinquish my items back to me unless I pay them what they paid the thief. My local police insisted that I should NOT pay one cent to retrieve my jewelry and that the pawn shop must return my items back to me in which the police officer has put on hold from them being able to sell. The pawn shop is not cooperating at all and say they will not return my items so I filed a civil case against them and am waiting a pretrial. My question is this, can someone please tell me where I can find an example of a letter to a judge requesting an URGENT release of my jewelry back to my possession in fear that the pawn shop will sell my items before the court hearing in front of the judge is even scheduled? Thank you
 


PayrollHRGuy

Senior Member
You might want to read this section of the law that deals with Pawn Shops in FL.

(15) CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS HELD BY PAWNBROKERS.—
(a) To obtain possession of purchased or pledged goods held by a pawnbroker which a claimant claims to be misappropriated, the claimant must notify the pawnbroker by certified mail, return receipt requested, or in person evidenced by signed receipt, of the claimant’s claim to the purchased or pledged goods. The notice must contain a complete and accurate description of the purchased or pledged goods and must be accompanied by a legible copy of the applicable law enforcement agency’s report on the misappropriation of such property. If the claimant and the pawnbroker do not resolve the matter within 10 days after the pawnbroker’s receipt of the notice, the claimant may petition the court to order the return of the property, naming the pawnbroker as a defendant, and must serve the pawnbroker with a copy of the petition. The pawnbroker shall hold the property described in the petition until the right to possession is resolved by the parties or by a court of competent jurisdiction. The court shall waive any filing fee for the petition to recover the property, and the sheriff shall waive the service fees.
(b) If, after notice and a hearing, the court finds that the property was misappropriated and orders the return of the property to the claimant:
1. The claimant may recover from the pawnbroker the cost of the action, including the claimant’s reasonable attorney’s fees; and
2. If the conveying customer is convicted of theft, a violation of this section, or dealing in stolen property, the court shall order the conveying customer to repay the pawnbroker the full amount the conveying customer received from the pawnbroker for the property, plus all applicable pawn service charges. As used in this paragraph, the term “convicted of” includes a plea of nolo contendere to the charges or any agreement in which adjudication is withheld; and
3. The conveying customer shall be responsible to pay all attorney’s fees and taxable costs incurred by the pawnbroker in defending a replevin action or any other civil matter wherein it is found that the conveying customer was in violation of this paragraph.
(c) If the court finds that the claimant failed to comply with the requirements in paragraph (a) or otherwise finds against the claimant, the claimant is liable for the defendants’ costs, including reasonable attorney’s fees.
(d) The sale, pledge, or delivery of tangible personal property to a pawnbroker by any person in this state is considered to be:
1. An agreement by the person who sells, pledges, or delivers the tangible personal property that the person is subject to the jurisdiction of the court in all civil actions and proceedings arising out of the pledge or sale transaction filed by either a resident or nonresident plaintiff;
2. An appointment of the Secretary of State by any nonresident of this state as that person’s lawful attorney and agent upon whom may be served all process in suits pertaining to the actions and proceedings arising out of the sale, pledge, or delivery; and
3. An agreement by any nonresident that any process in any suit so served has the same legal force and validity as if personally served in this state.
(16) HOLD ORDERS; ISSUANCE; REQUIRED INFORMATION; PROCEDURES.—
(a) When an appropriate law enforcement official has probable cause to believe that property in the possession of a pawnbroker is misappropriated, the official may place a written hold order on the property. The written hold order shall impose a holding period not to exceed 90 days unless extended by court order. The appropriate law enforcement official may rescind, in writing, any hold order. An appropriate law enforcement official may place only one hold order on property.
(b) Upon the expiration of the holding period, the pawnbroker shall notify, in writing, the appropriate law enforcement official by certified mail, return receipt requested, that the holding period has expired. If, on the 10th day after the written notice has been received by the appropriate law enforcement official, the pawnbroker has not received from a court an extension of the hold order on the property and the property is not the subject of a proceeding under subsection (15), title to the property shall vest in and be deemed conveyed by operation of law to the pawnbroker, free of any liability for claims but subject to any restrictions contained in the pawn transaction contract and subject to the provisions of this section.
(c) A hold order must specify:
1. The name and address of the pawnbroker.
2. The name, title, and identification number of the representative of the appropriate law enforcement official or the court placing the hold order.
3. If applicable, the name and address of the appropriate law enforcement official or court to which such representative is attached and the number, if any, assigned to the claim regarding the property.
4. A complete description of the property to be held, including model number and serial number if applicable.
5. The name of the person reporting the property to be misappropriated unless otherwise prohibited by law.
6. The mailing address of the pawnbroker where the property is held.
7. The expiration date of the holding period.
(d) The pawnbroker or the pawnbroker’s representative must sign and date a copy of the hold order as evidence of receipt of the hold order and the beginning of the 90-day holding period.
(e)1. Except as provided in subparagraph 2., a pawnbroker may not release or dispose of property subject to a hold order except pursuant to a court order, a written release from the appropriate law enforcement official, or the expiration of the holding period of the hold order.
2. While a hold order is in effect, the pawnbroker must upon request release the property subject to the hold order to the custody of the appropriate law enforcement official for use in a criminal investigation. The release of the property to the custody of the appropriate law enforcement official is not considered a waiver or release of the pawnbroker’s property rights or interest in the property. Upon completion of the criminal proceeding, the property must be returned to the pawnbroker unless the court orders other disposition. When such other disposition is ordered, the court shall additionally order the conveying customer to pay restitution to the pawnbroker in the amount received by the conveying customer for the property together with reasonable attorney’s fees and costs.
 

cope49

New member
Thank you for your quick response PayrollHRGuy; however, other than the fact we have not hired an attorney for this matter, we have followed the guidelines mentioned above but we do have a fear of this pawn shop disposing of these items one way or another before the hearing is ever scheduled. A couple of the items stolen were heirlooms from generations of the family and for the to sell these items would be nothing but heartbreaking and no price could be paid for their return. The courts office suggested we write an URGENT request to the judge asking him to grant us an order to take to the pawnshop demanding them to return the items to us before the hearing and my question is I have no clue how to format this urgent request to the judge so that it's not merely thrown from the case and the items are not retrieved in a timely fashion before the hearing. Was just hoping someone could show me an example of such a letter to the judge. Thanks again
 

PayrollHRGuy

Senior Member
A simple letter stating the reason your feel an urgent situation exists should be fine. From you posts you seem to have the ability to write such a letter.
 

Zigner

Senior Member, Non-Attorney
Since such a letter is not allowed (ex parte communications are not allowed), there really wouldn't be any such example.
 

cope49

New member
Not arguing what you've responded Zigner but the clerk's office of where the case was filed was the one that SUGGESTED we write the judge a letter being sure to put "URGENT" at the top. Have also been informed by the DA's office that we may write a letter to the judge hearing the case regarding the thief asking them to deny any requests for early parole so we have had several offices suggest we submit letters with possible influence.
 

Zigner

Senior Member, Non-Attorney
Not arguing what you've responded Zigner but the clerk's office of where the case was filed was the one that SUGGESTED we write the judge a letter being sure to put "URGENT" at the top. Have also been informed by the DA's office that we may write a letter to the judge hearing the case regarding the thief asking them to deny any requests for early parole so we have had several offices suggest we submit letters with possible influence.
The problem is that you need to file in court against the pawn broker. That is a separate action from the criminal matter.

Have you given formal notice to the pawn broker, as outlined in the information above?
 

cope49

New member
Yes and yes. The state has filed the case against the thief and I have filed a civil case against the Pawn Shop. Only problem I'm having is that since the Pawn Shop is being so hard to work with in this matter I am afraid they will either destroy and/or sell the items they purchased from the thief and would like to have the judge hearing the civil case I filed against them sign an order for me to go hand to the pawn shop owner and have them relinquish the jewelry to my possession until the civil case against them is heard in civil court. I merely do not know the proper way of writing the letter to the judge (and/or their assistant) asking for such an order be signed ASAP before it goes on any longer.
 

Zigner

Senior Member, Non-Attorney
Yes and yes. The state has filed the case against the thief and I have filed a civil case against the Pawn Shop. Only problem I'm having is that since the Pawn Shop is being so hard to work with in this matter I am afraid they will either destroy and/or sell the items they purchased from the thief and would like to have the judge hearing the civil case I filed against them sign an order for me to go hand to the pawn shop owner and have them relinquish the jewelry to my possession until the civil case against them is heard in civil court. I merely do not know the proper way of writing the letter to the judge (and/or their assistant) asking for such an order be signed ASAP before it goes on any longer.
I don't think you're going to get that. Why? Because it may violate due process provisions. At this point, the court has ordered that the items not be disposed of and the court will likely see that as adequate. What evidence do you have that they will sell the items (other than your general distrust)?
 

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