Pawnbroker Regulations

Cal. FIN § 21206.8

California Statutes

(

a) Notwithstanding the provisions of

Chapter 12 (commencing with

Section 1407) of Title of Part of the Penal Code, whenever property alleged to have been lost, stolen, or embezzled is taken from a pawnbroker, the peace officer, magistrate, court, clerk, or other person having custody of the property shall not deliver the property to any person claiming ownership unless the provisions of this

section are complied with. (b)

(1) If any person makes a claim of ownership, the person shall file a written statement, signed under penalty of perjury, stating the factual basis upon which they claim ownership or an interest in the property with the person having custody of the property, and the person having custody of the property shall notify the pawnbroker of the claim by providing a true and correct copy of the claim to the pawnbroker.

(2) If the pawnbroker makes no claim with respect to the property within days of such notification, the property may be disposed of as otherwise provided by law.

(3) In adjudicating the competing claims of a pawnbroker and a person claiming ownership or an interest in the property seized from a pawnbroker, the adjudicating court shall give due consideration to the effect

Section of the Commercial Code may have on the claims.

(4) At least calendar days before any hearing adjudicating any competing claims of a pawnbroker and a person claiming ownership or an interest in the property, the person having custody of the property shall deliver to the pawnbroker a true and correct copy of the police report, redacted as may be required by law and consistent with due process of law, substantiating the basis of the seizure of the property from the pawnbroker. (

c) If property alleged to have been stolen or embezzled is taken from a pawnbroker, prior to any disposal of the property pursuant to

Section of the Penal Code, the notice to be given to the owner and owner of a security interest pursuant to

Section shall be given to the pawnbroker. Such property shall not be disposed of pursuant to

Section until three months after such notice has been given. (

d) A pawnbroker shall not be liable to any person for any property seized from the pawnbroker on account of the pawnbroker’s inability to return the property to that person because of the seizure.

Document details

CollectionCalifornia Statutes
CitationCal. FIN § 21206.8
Date2014-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFIN21206.8.20133182

Pawnbroker Regulations

Cal. FIN § 21206.8

California Statutes

Pawnbroker Regulations

Cal. FIN § 21206.8

California Statutes

(

a) Notwithstanding the provisions of

Chapter 12 (commencing with

Section 1407) of Title of Part of the Penal Code, whenever property alleged to have been lost, stolen, or embezzled is taken from a pawnbroker, the peace officer, magistrate, court, clerk, or other person having custody of the property shall not deliver the property to any person claiming ownership unless the provisions of this

section are complied with. (b)

(1) If any person makes a claim of ownership, the person shall file a written statement, signed under penalty of perjury, stating the factual basis upon which they claim ownership or an interest in the property with the person having custody of the property, and the person having custody of the property shall notify the pawnbroker of the claim by providing a true and correct copy of the claim to the pawnbroker.

(2) If the pawnbroker makes no claim with respect to the property within days of such notification, the property may be disposed of as otherwise provided by law.

(3) In adjudicating the competing claims of a pawnbroker and a person claiming ownership or an interest in the property seized from a pawnbroker, the adjudicating court shall give due consideration to the effect

Section of the Commercial Code may have on the claims.

(4) At least calendar days before any hearing adjudicating any competing claims of a pawnbroker and a person claiming ownership or an interest in the property, the person having custody of the property shall deliver to the pawnbroker a true and correct copy of the police report, redacted as may be required by law and consistent with due process of law, substantiating the basis of the seizure of the property from the pawnbroker. (

c) If property alleged to have been stolen or embezzled is taken from a pawnbroker, prior to any disposal of the property pursuant to

Section of the Penal Code, the notice to be given to the owner and owner of a security interest pursuant to

Section shall be given to the pawnbroker. Such property shall not be disposed of pursuant to

Section until three months after such notice has been given. (

d) A pawnbroker shall not be liable to any person for any property seized from the pawnbroker on account of the pawnbroker’s inability to return the property to that person because of the seizure.

Document details

CollectionCalifornia Statutes
CitationCal. FIN § 21206.8
Date2014-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierFIN21206.8.20133182