Definitions--pledged goods for money, pawnbroker entitled only togoods pledged, exception, misappropriated goods--procedure to recover.
367.044. 1. As used in sections 367.044 to 367.055, the followingterms mean:
(1) "Claimant", a person who claims that property in the possessionof a pawnbroker is misappropriated from the claimant and fraudulentlypledged or sold to the pawnbroker;
(2) "Conveying customer", a person who delivers property into thepossession of a pawnbroker, either through a pawn transaction, a sale ortrade, which property is later claimed to be misappropriated;
(3) "Hold order", a written legal instrument issued to a pawnbrokerby a law enforcement officer commissioned by the law enforcement agency ofthe municipality or county that licenses and regulates the pawnbroker,ordering the pawnbroker to retain physical possession of pledged goods inthe possession of a pawnbroker or property purchased by and in thepossession of a pawnbroker and not to return, sell or otherwise dispose ofsuch property as such property is believed to be misappropriated goods;
(4) "Law enforcement officer", the sheriff or sheriff's deputydesignated by the sheriff of the county in which the pawnbroker's pawnshopis located, or when the pawnbroker's pawnshop is located within amunicipality, the police chief or police officer designated by the policechief of the municipality in which the pawnbroker's pawnshop is located;
(5) "Misappropriated", stolen, embezzled, converted, or otherwisewrongfully appropriated or pledged against the will of the rightful owneror party holding a perfected security interest;
(6) "Pledgor", a person who pledges property to the pawnbroker;
(7) "Purchaser", a person who purchases property from a pawnbroker;and
(8) "Seller", a person who sells property to a pawnbroker.
2. A pawnbroker shall have no recourse against the pledgor forpayment on a pawn transaction except the pledged goods themselves, unlessthe goods are found to have been misappropriated.
3. A pawnbroker shall require of every person from whom thepawnbroker receives sold or pledged property proof of identification whichincludes a current address and, if applicable, telephone number, and acurrent picture identification issued by state or federal government.
4. If any seller fails to provide a pawnbroker with proof ofidentification, the pawnbroker shall hold such property for a period ofthirty days prior to selling or otherwise transferring such property,provided, the seller has submitted a signed statement that the seller isthe legal owner of the property and stating when or from whom such propertywas acquired by the seller.
5. To obtain possession of tangible personal property held by apawnbroker which a claimant claims to be misappropriated, the claimantshall provide the pawnbroker with a written demand for the return of suchproperty, a copy of a police or sheriff's report wherein claimant reportedthe misappropriation or theft of said property and which contains aparticularized description of the property or applicable serial number, anda signed affidavit made under oath setting forth they are the true owner ofthe property, the name and address of the claimant, a description of theproperty being claimed, the fact that such property was taken from theclaimant without the claimant's consent, permission or knowledge, the factthat the claimant has reported the theft to the police, the fact that theclaimant will assist in any prosecution relating to such property, thepromise that the claimant will respond to court process in any criminalprosecution relating to said property and will testify truthfully as to allfacts within the claimant's knowledge and not claim any testimonialprivilege with respect to said facts. These documents shall be presentedto the pawnbroker concurrently.
6. Upon being served with a proper demand by a claimant for thereturn of property pursuant to subsection 5 of this section, the pawnbrokershall return the property to the claimant, in the presence of a lawenforcement officer, within seven days unless the pawnbroker has goodreason to believe that any of the matters set forth in the claimant'saffidavit are false or if there is a hold order on the property pursuant tosection 367.055. If a pawnbroker refuses to deliver property to a claimantupon a proper demand as described in subsection 5 of this section, theclaimant may file a petition in a court of competent jurisdiction seekingthe return of said property. The nonprevailing party shall be responsiblefor the costs of said action and the attorney fees of the prevailing party.The provisions of section 482.305, RSMo, to the contrary notwithstanding, acourt of competent jurisdiction shall include a small claims court, even ifthe value of the property named in the petition is greater than threethousand dollars.
7. If a pawnbroker returns property to a claimant relying on theveracity of the affidavit described in subsection 5 of this section, andlater learns that the information contained in said affidavit is false orthat the claimant has failed to assist in prosecution or otherwise testifytruthfully with respect to the facts within the claimant's knowledge, thepawnbroker shall have a cause of action against the claimant for the valueof the property. The nonprevailing party shall be responsible for the costof said action and the attorney fees of the prevailing party.
8. Nothing contained in this section shall limit a pawnbroker frombringing the conveying customer into a suit as a third party, nor limit apawnbroker from recovering from a conveying customer repayment of the fullamount received from the pawnbroker from the pawn or sales transaction,including all applicable fees and interest charged, attorney's fees and thecost of the action.
Definitions--pledged goods for money, pawnbroker entitled only togoods pledged, exception, misappropriated goods--procedure to recover.
367.044. 1. As used in sections 367.044 to 367.055, the followingterms mean:
(1) "Claimant", a person who claims that property in the possessionof a pawnbroker is misappropriated from the claimant and fraudulentlypledged or sold to the pawnbroker;
(2) "Conveying customer", a person who delivers property into thepossession of a pawnbroker, either through a pawn transaction, a sale ortrade, which property is later claimed to be misappropriated;
(3) "Hold order", a written legal instrument issued to a pawnbrokerby a law enforcement officer commissioned by the law enforcement agency ofthe municipality or county that licenses and regulates the pawnbroker,ordering the pawnbroker to retain physical possession of pledged goods inthe possession of a pawnbroker or property purchased by and in thepossession of a pawnbroker and not to return, sell or otherwise dispose ofsuch property as such property is believed to be misappropriated goods;
(4) "Law enforcement officer", the sheriff or sheriff's deputydesignated by the sheriff of the county in which the pawnbroker's pawnshopis located, or when the pawnbroker's pawnshop is located within amunicipality, the police chief or police officer designated by the policechief of the municipality in which the pawnbroker's pawnshop is located;
(5) "Misappropriated", stolen, embezzled, converted, or otherwisewrongfully appropriated or pledged against the will of the rightful owneror party holding a perfected security interest;
(6) "Pledgor", a person who pledges property to the pawnbroker;
(7) "Purchaser", a person who purchases property from a pawnbroker;and
(8) "Seller", a person who sells property to a pawnbroker.
2. A pawnbroker shall have no recourse against the pledgor forpayment on a pawn transaction except the pledged goods themselves, unlessthe goods are found to have been misappropriated.
3. A pawnbroker shall require of every person from whom thepawnbroker receives sold or pledged property proof of identification whichincludes a current address and, if applicable, telephone number, and acurrent picture identification issued by state or federal government.
4. If any seller fails to provide a pawnbroker with proof ofidentification, the pawnbroker shall hold such property for a period ofthirty days prior to selling or otherwise transferring such property,provided, the seller has submitted a signed statement that the seller isthe legal owner of the property and stating when or from whom such propertywas acquired by the seller.
5. To obtain possession of tangible personal property held by apawnbroker which a claimant claims to be misappropriated, the claimantshall provide the pawnbroker with a written demand for the return of suchproperty, a copy of a police or sheriff's report wherein claimant reportedthe misappropriation or theft of said property and which contains aparticularized description of the property or applicable serial number, anda signed affidavit made under oath setting forth they are the true owner ofthe property, the name and address of the claimant, a description of theproperty being claimed, the fact that such property was taken from theclaimant without the claimant's consent, permission or knowledge, the factthat the claimant has reported the theft to the police, the fact that theclaimant will assist in any prosecution relating to such property, thepromise that the claimant will respond to court process in any criminalprosecution relating to said property and will testify truthfully as to allfacts within the claimant's knowledge and not claim any testimonialprivilege with respect to said facts. These documents shall be presentedto the pawnbroker concurrently.
6. Upon being served with a proper demand by a claimant for thereturn of property pursuant to subsection 5 of this section, the pawnbrokershall return the property to the claimant, in the presence of a lawenforcement officer, within seven days unless the pawnbroker has goodreason to believe that any of the matters set forth in the claimant'saffidavit are false or if there is a hold order on the property pursuant tosection 367.055. If a pawnbroker refuses to deliver property to a claimantupon a proper demand as described in subsection 5 of this section, theclaimant may file a petition in a court of competent jurisdiction seekingthe return of said property. The nonprevailing party shall be responsiblefor the costs of said action and the attorney fees of the prevailing party.The provisions of section 482.305, RSMo, to the contrary notwithstanding, acourt of competent jurisdiction shall include a small claims court, even ifthe value of the property named in the petition is greater than threethousand dollars.
7. If a pawnbroker returns property to a claimant relying on theveracity of the affidavit described in subsection 5 of this section, andlater learns that the information contained in said affidavit is false orthat the claimant has failed to assist in prosecution or otherwise testifytruthfully with respect to the facts within the claimant's knowledge, thepawnbroker shall have a cause of action against the claimant for the valueof the property. The nonprevailing party shall be responsible for the costof said action and the attorney fees of the prevailing party.
8. Nothing contained in this section shall limit a pawnbroker frombringing the conveying customer into a suit as a third party, nor limit apawnbroker from recovering from a conveying customer repayment of the fullamount received from the pawnbroker from the pawn or sales transaction,including all applicable fees and interest charged, attorney's fees and thecost of the action.
Definitions--pledged goods for money, pawnbroker entitled only togoods pledged, exception, misappropriated goods--procedure to recover.
367.044. 1. As used in sections 367.044 to 367.055, the followingterms mean:
(1) "Claimant", a person who claims that property in the possessionof a pawnbroker is misappropriated from the claimant and fraudulentlypledged or sold to the pawnbroker;
(2) "Conveying customer", a person who delivers property into thepossession of a pawnbroker, either through a pawn transaction, a sale ortrade, which property is later claimed to be misappropriated;
(3) "Hold order", a written legal instrument issued to a pawnbrokerby a law enforcement officer commissioned by the law enforcement agency ofthe municipality or county that licenses and regulates the pawnbroker,ordering the pawnbroker to retain physical possession of pledged goods inthe possession of a pawnbroker or property purchased by and in thepossession of a pawnbroker and not to return, sell or otherwise dispose ofsuch property as such property is believed to be misappropriated goods;
(4) "Law enforcement officer", the sheriff or sheriff's deputydesignated by the sheriff of the county in which the pawnbroker's pawnshopis located, or when the pawnbroker's pawnshop is located within amunicipality, the police chief or police officer designated by the policechief of the municipality in which the pawnbroker's pawnshop is located;
(5) "Misappropriated", stolen, embezzled, converted, or otherwisewrongfully appropriated or pledged against the will of the rightful owneror party holding a perfected security interest;
(6) "Pledgor", a person who pledges property to the pawnbroker;
(7) "Purchaser", a person who purchases property from a pawnbroker;and
(8) "Seller", a person who sells property to a pawnbroker.
2. A pawnbroker shall have no recourse against the pledgor forpayment on a pawn transaction except the pledged goods themselves, unlessthe goods are found to have been misappropriated.
3. A pawnbroker shall require of every person from whom thepawnbroker receives sold or pledged property proof of identification whichincludes a current address and, if applicable, telephone number, and acurrent picture identification issued by state or federal government.
4. If any seller fails to provide a pawnbroker with proof ofidentification, the pawnbroker shall hold such property for a period ofthirty days prior to selling or otherwise transferring such property,provided, the seller has submitted a signed statement that the seller isthe legal owner of the property and stating when or from whom such propertywas acquired by the seller.
5. To obtain possession of tangible personal property held by apawnbroker which a claimant claims to be misappropriated, the claimantshall provide the pawnbroker with a written demand for the return of suchproperty, a copy of a police or sheriff's report wherein claimant reportedthe misappropriation or theft of said property and which contains aparticularized description of the property or applicable serial number, anda signed affidavit made under oath setting forth they are the true owner ofthe property, the name and address of the claimant, a description of theproperty being claimed, the fact that such property was taken from theclaimant without the claimant's consent, permission or knowledge, the factthat the claimant has reported the theft to the police, the fact that theclaimant will assist in any prosecution relating to such property, thepromise that the claimant will respond to court process in any criminalprosecution relating to said property and will testify truthfully as to allfacts within the claimant's knowledge and not claim any testimonialprivilege with respect to said facts. These documents shall be presentedto the pawnbroker concurrently.
6. Upon being served with a proper demand by a claimant for thereturn of property pursuant to subsection 5 of this section, the pawnbrokershall return the property to the claimant, in the presence of a lawenforcement officer, within seven days unless the pawnbroker has goodreason to believe that any of the matters set forth in the claimant'saffidavit are false or if there is a hold order on the property pursuant tosection 367.055. If a pawnbroker refuses to deliver property to a claimantupon a proper demand as described in subsection 5 of this section, theclaimant may file a petition in a court of competent jurisdiction seekingthe return of said property. The nonprevailing party shall be responsiblefor the costs of said action and the attorney fees of the prevailing party.The provisions of section 482.305, RSMo, to the contrary notwithstanding, acourt of competent jurisdiction shall include a small claims court, even ifthe value of the property named in the petition is greater than threethousand dollars.
7. If a pawnbroker returns property to a claimant relying on theveracity of the affidavit described in subsection 5 of this section, andlater learns that the information contained in said affidavit is false orthat the claimant has failed to assist in prosecution or otherwise testifytruthfully with respect to the facts within the claimant's knowledge, thepawnbroker shall have a cause of action against the claimant for the valueof the property. The nonprevailing party shall be responsible for the costof said action and the attorney fees of the prevailing party.
8. Nothing contained in this section shall limit a pawnbroker frombringing the conveying customer into a suit as a third party, nor limit apawnbroker from recovering from a conveying customer repayment of the fullamount received from the pawnbroker from the pawn or sales transaction,including all applicable fees and interest charged, attorney's fees and thecost of the action.
