Pawn shop Question- recovering your own stolen goods

Neilk · 11-29-2007, 03:10 PM

Some people in our neighborhood were robbed a couple of days ago. They wrote:

"Our tool box & blower were found at XYZ Pawn. While these items were marked & engraved, the store did not make reasonable efforts to ensure the transaction was done in good faith i.e. they did not call the # marked on our stuff. So, we have to pay to get our stuff that was stolen out of the pawn shop. "

Is that really so? I can see how Pawn shops would have to protect themselves from people falsely claiming their stuff was stolen, but do our neighbors really have to BUY their stuff back? Seems crazy.

SlowToady · 11-29-2007, 03:12 PM

Did they try calling the police? IANAL, and I'm not a pawn shop owner, but that sounds an awful lot like "receiving stolen goods" which is against the law.

TerryH · TerryH's Garage

Owning a pawn shop is not a license to fence stolen items. Was there a police report made on the burglary? If so, I can't imagine your neighbors insurance agent isn't interested in recoverying all the items. Mabye the toolbox was too small to be of consequence to insurance? Still I would get the police involved.

Icemaster · Icemaster's Garage

Try this:

I'm in Louisana, trying to recover some IT equipment that was pawned by a then ex-employee to feed a habit. It's clearly marked, with the company asset tags, name, logo, serial numbers, and I'm standing there with a copy of a police report and the asset database listing from the company he stole them from.

********* pawnbroker doesnt even look at it and says ever so civilized fashion, sorry about your luck. It'l cost you 1500 bucks for your stuff. Never mind that he's in posession of stolen property and there's a cop standing next to me.

You had to be there. I met 7 or 8 that trip recoving stuff. All cut from the same cloth, acted the same way - your problem, not mine.

I wouldnt have pissed on any of them if they'd been on fire. Pricks all around.

I'm sure they'd disagree with you Terry.

I really don't think they care Neil, there's got to be some legal recourse given that there's a report. Might check with the local constabulary or DA's office for specific rules around posession of stolen property. Not that it did me any good.

SlowToady · 11-29-2007, 03:34 PM

Ice, why did the Police not arrest him? He was clearly in possession of stolen goods, and refused to return them to their rightful owner....Should have told the cops to take him away.

Icemaster · Icemaster's Garage

Dunno, I wish I'd been able to figure out the real story. The first cop went on about it being a report from a different town, he couldn't verify that it was legit, I had to wait two weeks for the report and warrant to work through the system etc etc.

The story why they couldnt/wouldnt do anything changed from cop to cop. I had called the local's from the parking lots of the first three shops I went to, told them the story, what I was there to do, and asked if they could have an officer meet me at the shop - figuring I was gonna get static from the brokers. I even offered to pay the brokers half what was owed on them, didn't personally think it was fair for em to get shafted totally (even though IIRC it's their responsibility to verify the merchandise is legit). After the third cop just gave me a blank moon-pie look when the broker looked at me and said - quoting here - "fuch off and get outa here unless you got my ******* money", I just quit calling them and cash advanced on the company card. Less aggravation.

None of em did crap. Probably related to the brokers.

Burnin' oil · 11-29-2007, 03:49 PM

Ask O.J.

TerryH · TerryH's Garage

That's amazing to me. I'd be out for justice. Local DA, TV news, maybe even a few picketers paid by the hour. lol

Sounds like those officers were either lazy or paid off. Isn't Louisiana, specifically N.O., famous for cops on the take a few years ago?

steve185 · 11-29-2007, 04:13 PM

In Canada if you went into a pawn shop and saw your stuff then called the police the pawn shop owner would be out of luck. It's your stuff and he would be in possession of stolen goods. He may not be charged criminally if the intent could not be proved but he would not be able to keep the property and could not charge you for the money he paid for it. The key issue is that you must prove it's your stuff by using a serial number or some other means.
I would think it would be similar south of the border.
Steve

TerryH · TerryH's Garage

I would like to think if I turned to the police officer in this case and said, "I would like to make a citizens arrest of this man selling my personally marked possessions", things would get resolved quickly.

bell · bell's Garage

you know what.......this is one good thing the media is good at solving.......
call up a local news station, you have the right to free speech....and it's not slander if it's true

jyl · jyl's Garage

A PPOT member is a pawnshop owner. He has posted before about the ins and outs of the business. I do not recall his userid, but search for threads about pawnshops. Then try PM'ing him for advice. He seems, from his posts, to be a thoughtful guy.

Hawktel · 11-29-2007, 09:50 PM

I wonder what would happen if you just grabbed your stuff and walked out. Its your stuff. They couldn't get you for stealing?

techweenie · techweenie's Garage

My friend with a computer store came under pawnshop rules. He had to take driver's license info from anyone trading in a computer. He had to put the goods in limbo for 30 days. Bur CA has somewhat more aggressive consumer protection laws than most states.

snowman · 11-29-2007, 10:24 PM

The system is biased to the crooks benefit.

on2wheels52 · on2wheels52's Garage

Neil
I'm sorry about your neighbor's situation, I don't know how things are done in Dallas but will describe how it works in my town (<15,000 pop.)
Eveything that comes in my shop goes on report the sherriff's office picks up once a week. It has the item, serial # (if any), and name, address, and ID# of who it came from.
If something comes up hot I usually get a call from an investigator who asks me to put a hold on the item, he may ask some details about the ttransaction. I become an extension of the property room perhaps.
The quickest way for the owner to get item returned is to re-imburse me, knowing an arrest is in the works for the perp who will have restitution as part of his sentence.
But again I'm not in a big city, any ownership problems are a minor percentage of what comes in, I get a call to hold something every couple of months. And most often the perp is a family member or friend. I have had some upset people come in to buy their stuff back. How would you deal with your child stealing from you? I've heard there's reality shows on tv.
Jim

Rot 911 · 11-30-2007, 05:03 AM

What Jim described above is how it works in most states. To be guilty of receiving stolen property the prosecutor has to be able to prove the pawn shop owner knew the property was stolen. Very had to meet the burden.

sammyg2 · 11-30-2007, 08:02 AM

When faced with a situation where the police don't think it is important enough to bother, call or write to your congressman or state representative. Their officer (probably a staff member, but still carries the same weight) will call the police chief and ask why. I guarranty you will get your stuff back and probably a little bit more.

Superman · 11-30-2007, 08:08 AM

My town takes from the pawn shops and gives back to the burglary victim. If there is a police report and if that report can identify a stolen item, then if that item shows up at a pawn shop, the police will take it and give it back to the victim. In speaking with a pawn shop about this provision, they said yes, that is the way it works. Part of the cost of doing business.

Jeff Higgins · 11-30-2007, 08:34 AM

Quote:

Originally Posted by on2wheels52

The quickest way for the owner to get item returned is to re-imburse me, knowing an arrest is in the works for the perp who will have restitution as part of his sentence.

I'm sorry, but I think this is exactly where these guys are having a hard time. Tell you what, why don't pawn shop owners return the stolen goods, knowing "an arrest is in the works for the perp who will have restitution as part of his sentence"? That restitution could just as well be paid to the pawn shop owner.

Why place the entire burden upon the rightful owner of the stolen property? Why would a pawn shop owner suggest that? Simple. It's because he does not want to risk any loss. He knows damn good and well that in the majority of cases, there will be no arrests made. There will be no restitution paid. And he does not want to hassle with trying; he would rather the innocent victim take the hit.

Sorry, but the victims should not be left to sort this out after they find you with their property. Pawn shops are an "enabler" in this business. The entire risk of receiving stolen property should rest with them, not the poor sap that was ripped off. With the low-ball rates pawn shops pay for goods, and the sort of clientele they do business with, it should be their risk, not the victim's. Just a part of doing business. And, if it truly is as you claim, a very small part. It should be up to you, legally, to return the stolen items and sort it out for yourself. It is certainly your moral obligation.