This text of Iowa § 714.28 (Claims against purchased or pledged goods held by pawnbrokers) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.As used in this section, unless the context otherwise requires:
a.“Claimant”meansapersonwhoclaimsthattheperson’spropertywasmisappropriated.
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
accuratedescriptionofthepurc
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1. As used in this section, unless the context otherwise requires:
a. “Claimant”meansapersonwhoclaimsthattheperson’spropertywasmisappropriated.
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
accuratedescriptionofthepurchasedorpledgedgoodsandmustbeaccompaniedbyalegible
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. Ifthecourtfindsthattheclaimantfailedtocomplywiththerequirementsofthissection
or otherwise finds against the claimant, the claimant shall be liable for the defendant’s costs.