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Is there Any Legal Recourse on a pawn shop for misplacing my collateral

Daytona Beach, FL |

this pawnshop lost on of the items placed in there care for collateral till i paid off a loan i owed for when i came to pick up my items he lost one of them and seeing as we could not come to an agreement he said he could keep the rest of my items and he did so. is there anything i can do about it?

Attorney Answers 3

Posted

Yes. The pawn shop has liability to you either under a pawning agreement or under the general law regarding "bailments." In other words, the pawn shop owes you for the item (less the amount you would have needed to pay the pawn shop to redeem your item). If the pawn shop cannot provide a thing or an amount of money to your satisfaction, you potentially have a claim against the pawn shop. Your biggest problem will be determining the value of the thing pawned and showing by how much that value exceeded the amount of the loan.

The information provided in this and other answers on Avvo are general in nature and limited to the facts as stated. The information provided in this and other answers on Avvo should not be construed as legal advice on which the reader relies without further consultation with an attorney. No attorney-client relationship is created on Avvo question & answer forums. This attorney is licensed and admitted to practice law in the State of Florida only.

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Posted

I have reciepts for the missing items from the jeweler i purchased them from but he feels that seeing as we couldn't come to an agreement he get to keep it all plus what i have already paid off for the loan.

Posted

Assuming you were current on the pawn shop obligation you have a right to seek the replacement value of the item pawned. As the prior attorney said you have an evidentiary problem is proving value of the item.

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I was current. with my payments one of the problems i Have is that the ring could have been taken so he could give me something or offer me something i didnt wantor just wanted all of my items thinking i wont fight this thing. the interest alone i paid on the ring was exorbitant enough that it paid for anything that could happen. I got it in my mind as soon as i sighed the paperwork he took it did what he felt sold and or took for his own and i was paying on something he no longer had. Now there has to be some law against that, Pay for collateral that the one holding the collateral no longer has in there possession.

Posted

There was a contract that you signed, and we simply cannot tell you what it says without seeing it.

R. Jason de Groot, Esq.,

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