What are my rights if I had some autographed photos taken from my home and sold to a pawnshop?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights if I had some autographed photos taken from my home and sold to a pawnshop?
I found out who was behind the theft, and they told me they sold the photos to a local pawn shop. I was fortunate to keep the certificate of authenticity separate from the photos so I still have them. Is there any way I can retrieve the photos from the pawn shop without having to involve the person who sold the photos without my knowledge? What are some of my alternatives?
Asked on January 26, 2014 under Business Law, New Jersey
Answers:
Brook Miscoski / Hurr Law Office PC
Answered 10 years ago | Contributor
What you have to realize is that pawn shops are usually required to keep records of who has sold items to the shop. In Texas, a pawn shop is required to take steps to monitor transactions so that criminal acts can be identified.
The upshot of this is that I believe the pawn shop (if it's a legit operation) would already know the identity of the person who sold it the photos...so if you claim the photos as stolen property, it's not exactly hard to figure out that the person who sold it may have stolen it.
If you're required to make a police report, claiming that you don't know who stole the photos would obviously be falsifying the report.
A reasonable alternative would be to demand that the person who stole the photos buy them back for you, or give you the money they obtained from the illegal sale so that you can buy them back. Obviously this will come at a cost because the items will be marked up...but it's a solution. An NJ lawyer may have some different ideas based on a knowledge of the local situation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.