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  1. #1
    Join Date
    May 2010
    Location
    columbus
    Posts
    2

    Question Do You Have to Buy Back Your Stolen Property From a Pawn Shop

    My question involves criminal law for the state of: Columbus OH

    I was recently robbed and the guy who did it took all of my entertainment center. About 2 weeks later he was caught and two of my things were found in a pawn shop. The police say I have to buy my things back from the pawn shop. Isn't there a law on having to buy your own stuff back from a business when it was stolen from you? If so where can I find legit information saying so?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,915

    Default Re: Do You Have to Buy Back Your Stolen Property From a Pawn Shop

    Was this during the retention period? If so, you have a statutory remedy.
    Quote Quoting ORC 4727.12 Required retention period.
    (A) A person licensed as a pawnbroker shall retain any and all goods or articles pledged with the licensee until the expiration of seventy-two hours after the pledge is made, and shall retain any goods or articles purchased by the licensee until the expiration of fifteen days after the purchase is made. The licensee may dispose of such goods or articles sooner with the written permission of the chief of police of the municipal corporation or township in which the licensee’s place of business is located or, if the place of business is not located within a municipal corporation or township that has a chief of police, with the written permission of the sheriff of the county in which the business is located.

    (B) If the chief of police or sheriff to whom the licensee makes available the information required by section 4727.09 of the Revised Code has probable cause to believe that the article described therein is stolen property, the chief or sheriff shall notify the licensee in writing. Upon receipt of such a notice, the licensee shall retain the article until the expiration of thirty days after the day on which the licensee is first required to make available the information required by section 4727.09 of the Revised Code, unless the chief or sheriff notifies the licensee in writing that the licensee is not required to retain the article until such expiration.

    (C) If the chief or sheriff receives a report that property has been stolen and determines the identity of the true owner of the allegedly stolen property that has been purchased or pawned and is held by a licensee, and informs the licensee of the true owner’s identity, the licensee may restore the allegedly stolen property to the true owner directly. If a licensee fails to restore the allegedly stolen property, the true owner may recover the property from the licensee in an action at law.

    (D) If the licensee returns the allegedly stolen property to the true owner, the licensee may charge the person who pledged or sold the allegedly stolen property to the licensee, and any person who acted in consort with the pledgor or the seller to defraud the licensee, the amount the licensee paid or loaned for the allegedly stolen property, plus interest and storage charges provided for in section 4727.06 of the Revised Code.

  3. #3
    Join Date
    May 2010
    Location
    columbus
    Posts
    2

    Default Re: Do You Have to Buy Back Your Stolen Property From a Pawn Shop

    Nothing has happened during the "retention period". I was robbed on 4-20-10 and was informed that my wii and ps3 was found a week later. The police have either confiscated them for evidence or it's still sitting in a back room somewhere in a pawn shop, which one that is I am not sure. As far as getting my things back I don't know what is going on other than the detective telling me that I need to buy my things back.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,371

    Default Re: Do You Have to Buy Back Your Stolen Property From a Pawn Shop

    It seems that you might have to buy the property back, or, go to court to try and get it back.

    Ultimately, it may be that you have to buy your stuff back and then hope that the thief who SOLD the property to the pawn dealer will be caught and will have the resources to pay restitution to you.

    First, you might want to find out from the police whether or not they have your property.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    End of Watch: Deputy Danny Oliver

    End of Watch: Detective Michael Davis, Jr.

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