Iowa Code 714.28 – Claims against purchased or pledged goods held by pawnbrokers
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Terms Used In Iowa Code 714.28
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- property: includes personal and real property. See Iowa Code 4.1
714.28 Claims against purchased or pledged goods held by pawnbrokers.
1. As used in this section, unless the context otherwise requires:
a. “”Claimant”” means a person who claims that the person’s property was misappropriated.
b. “”Conveying customer”” means a person who delivers property into the custody of a
pawnbroker, either by pawn, sale, consignment, or trade.
c. “”Misappropriated”” means stolen, embezzled, converted, or otherwise wrongfully
appropriated against the will of the rightful owner.
2. To obtain possession of purchased or pledged goods held by a pawnbroker which a
claimant claims to have been misappropriated, the claimant must notify the pawnbroker
by certified mail, return receipt requested, or in person evidenced by signed receipt, of the
claimant’s claim to the purchased or pledged goods. The notice must contain a complete and
accurate description of the purchased or pledged goods and must be accompanied by a legible
copy of the applicable law enforcement agency’s report documenting the misappropriation of
the property. If the claimant and the pawnbroker do not resolve the right to possession within
ten days after the pawnbroker’s receipt of the notice, the claimant may petition the district
court sitting in small claims to order the return of the property, naming the pawnbroker as
a defendant, and shall serve the pawnbroker with a copy of the petition. The pawnbroker
shall hold the property described in the petition until the right to possession is resolved by
the parties or by the court.
3. If, after notice and a hearing, the court finds that the property was misappropriated and
orders the return of the property to the claimant, both of the following shall apply:
a. The claimant may recover from the pawnbroker the costs of the action.
b. If the conveying customer was convicted in a separate criminal proceeding of theft or
dealing in stolen property involving the misappropriated property, the court shall order the
conveying customer to repay the pawnbroker the full amount that the conveying customer
received from the pawnbroker for the property, plus all applicable pawn service charges.
As used in this paragraph, “”convicted”” includes a plea of no contest to the charges or any
agreement in which adjudication is withheld.
4. If the court finds that the claimant failed to comply with the requirements of this section
or otherwise finds against the claimant, the claimant shall be liable for the defendant’s costs.
2014 Acts, ch 1070, §2
Referred to in §631.1
1. As used in this section, unless the context otherwise requires:
a. “”Claimant”” means a person who claims that the person’s property was misappropriated.
b. “”Conveying customer”” means a person who delivers property into the custody of a
pawnbroker, either by pawn, sale, consignment, or trade.
c. “”Misappropriated”” means stolen, embezzled, converted, or otherwise wrongfully
appropriated against the will of the rightful owner.
2. To obtain possession of purchased or pledged goods held by a pawnbroker which a
claimant claims to have been misappropriated, the claimant must notify the pawnbroker
by certified mail, return receipt requested, or in person evidenced by signed receipt, of the
claimant’s claim to the purchased or pledged goods. The notice must contain a complete and
accurate description of the purchased or pledged goods and must be accompanied by a legible
copy of the applicable law enforcement agency’s report documenting the misappropriation of
the property. If the claimant and the pawnbroker do not resolve the right to possession within
ten days after the pawnbroker’s receipt of the notice, the claimant may petition the district
court sitting in small claims to order the return of the property, naming the pawnbroker as
a defendant, and shall serve the pawnbroker with a copy of the petition. The pawnbroker
shall hold the property described in the petition until the right to possession is resolved by
the parties or by the court.
3. If, after notice and a hearing, the court finds that the property was misappropriated and
orders the return of the property to the claimant, both of the following shall apply:
a. The claimant may recover from the pawnbroker the costs of the action.
b. If the conveying customer was convicted in a separate criminal proceeding of theft or
dealing in stolen property involving the misappropriated property, the court shall order the
conveying customer to repay the pawnbroker the full amount that the conveying customer
received from the pawnbroker for the property, plus all applicable pawn service charges.
As used in this paragraph, “”convicted”” includes a plea of no contest to the charges or any
agreement in which adjudication is withheld.
4. If the court finds that the claimant failed to comply with the requirements of this section
or otherwise finds against the claimant, the claimant shall be liable for the defendant’s costs.
2014 Acts, ch 1070, §2
Referred to in §631.1