§ 3866 — Issuance of pawn ticket; lost tickets

At the time of making a loan, a pawnbroker shall deliver to the person pawning or pledging any goods, articles, or things a memorandum or note signed by him or her containing the substance of the entry required to be made in his or her book by section 3865 of this title, and a charge shall not be made or received by the pawnbroker for such entry, memorandum, or note. The holder of such memorandum or note shall be presumed to be the person entitled to redeem the pledge, and the pawnbroker shall deliver such article to the person so presenting such memorandum or note on payment of principal and interest. Should such ticket be lost or mislaid, the pawnor shall at once apply to the pawnbroker describing the article pawned, in which case it shall be the duty of the pawnbroker to permit such person to examine his or her books, and, on finding the entry for such ticket, note, or memorandum so lost, the pawnbroker shall issue a second or stop ticket for the same. In case such pawnor neglects so to apply and examine such books and receive such memorandum or note in the manner provided in this section, the pawnbroker shall deliver the pledge to any person producing such original ticket for the redemption thereof. This section shall not be so construed as to limit or affect such pawnbroker’s common law liability in cases where goods are stolen or other legal defects of title in the pledgor exist.

Legislative History

(Amended 2021, No. 20, § 33.)