Recovering Pawned Stolen Property
Guide to Rights and Remedies of the Florida State Pawnbroking Act**
Florida courts have ruled that law enforcement may no longer recover stolen
property from pawnshops and return it to a victim of a crime without providing
the broker an opportunity of a hearing.
If your stolen property is found in a pawnshop you may decide to purchase it
back or obtain a court order to recover the property. In order to obtain a
court order to recover your property, you will need to file a petition for
return of the property with the Clerk of the County Court. It is recommended
that you seek legal assistance to file the petition.
The Florida Pawnbroking Act states:
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To obtain possession of stolen property held by a pawnbroker, the victim must
notify the broker by certified mail, return receipt requested, or in person,
evidenced by a signed notice, such as the one in our brochure, Guide to
Rights and Remedies of the
Florida State Pawnbroking Act.
-
The notice must contain a description of the property and must be accompanied
by a copy of the law enforcement agency’s report of the theft.
If you reported a crime to the Lee County Sheriff’s Office, you may obtain a
copy of the report from our Records Division:
Lee Count Sheriff’s Office
Records
14750 Six Mile Cypress Parkway
Fort Myers, FL 33912
477-1350
Hours of Operation:
Mon - Fri
7:30 am - 5:30 pm
The Florida Pawnbroking Act further states:
If the victim and the pawnbroker do not resolve the matter within ten (10) days
after the pawnbroker’s receipt of the notice, the victim may petition the court
to order the return of the property, naming the pawnbroker as a defendant.
The pawnbroker is required to hold the property, until the right to possession
is resolved by the parties or by the court.
To obtain a court order, contact:
Clerk of Court
Lee County Justice Center
1700 Monroe Street
2nd Floor
Fort Myers, FL 33901
If, after a hearing, the court orders the return of the property to the
claimant:
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The claimant may recover from the pawnbroker the claimant's attorney’s fees.
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If convicted of theft, the court shall order that the conveying customer must
repay the pawnbroker the full amount the customer received from the pawnbroker
for the property.
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The conveying customer shall be responsible for the pawnbroker’s cost incurred
in the proceeding including the broker’s attorney’s fees incurred by defending
a replevin action.
If the court finds that the claimant failed to comply with the requirements of
the statute, or otherwise finds against the claimant, the claimant is liable
for the defendant’s costs, including attorney’s fees.
**Disclaimer: This material is for
general information only and shall not be construed as legal advice or
counseling.
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