How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JD Your Own Question

JD
JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
Type Your Legal Question Here...
JD is online now
A new question is answered every 9 seconds

Sirs, i am a jeweler in Knoxville Tn. and recently a Knoxville

Resolved Question:

Sirs, i am a jeweler in Knoxville Tn. and recently a Knoxville Detective was here in my store looking for a diamond ring that was stolen 45 days prior. I still had the ring as the law here states that all jewelers, gold buyers and pawn shops have to hold their purchases for 30 days. I turned the ring over to the detective and was told that the court clerk would be in touch with me about appearing in court. I was given a property receipt for the ring and have not heard from the detective or the court clerk. I paid $1088.50 for the ring and I would like my money or the ring back as I understand that I am the legal owner of the ring and either the courts or the owner is supposed to reimburse me. I also think that the legislation that was brought about is unconstitution since it hinders my ability to earn a living, in other words holding the gold for 30 days is a burden as it takes me 6 weeks to get my money back from the refiner. Thanks foryour time.
Stephen Albanese
Submitted: 4 years ago.
Category: Legal
Expert:  SoloLawyer replied 4 years ago.
Hello -

Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your legal problem today.

I'm sorry to hear about your situation. What legal question can I answer for you?

Thanks,

Michael
Customer: replied 4 years ago.
Relist: No answer yet.
I have not had an answer for the question I paid for on the 14th. please advise
Expert:  JD replied 4 years ago.

Since the other expert appears to be offline and it has been four days, I will help you with your question. First, understand that there is statutory language in Tennessee that governs the disposition of the property you've described. Take a look at the following statute:

 

 

T.C.A. 38-1-205. Buyer or dealer obtaining and recording information from seller to be made available to law enforcement -- Recovery of property by party asserting ownership by making report to law enforcement following report of theft.

(a) When any person sells property to a buyer or dealer subject to § 38-1-201, the buyer or dealer shall obtain and record the information provided for in § 38-1-203 and obtain a statement of the seller that the seller is the lawful owner of the item, and shall have the record signed by the seller. This record shall be made available to any law enforcement agency or officer upon request.

(b) (1) The party asserting ownership of any property that the party alleges is stolen and that is in the possession of a buyer or dealer subject to § 38-1-201 may recover the property by making a report to any law enforcement agency of the location of the property and providing the law enforcement agency with proof of ownership of the property; provided, that a report of the theft of the property was made to the proper authorities within thirty (30) days after obtaining knowledge of the theft or loss; and provided, further, that the party asserting ownership will assist in the prosecution of the seller of the item. Upon the receipt of proof of ownership, any law enforcement officer is authorized to recover the property from the buyer or dealer, without expense to the rightful owner of the property, unless the buyer or dealer presents evidence of having received proof of ownership of the property by the seller. Any property recovered from a buyer or dealer subject to § 38-1-201 shall be returned to the rightful owner of the property, subject to evidence in any criminal proceeding.

(2) In the event that the party asserting ownership of the article has provided a timely report of the theft or loss of the article, and the buyer or dealer presents acceptable evidence to the law enforcement agency of having received proper proof of ownership from the seller of the property, then and only then shall the law enforcement agency have satisfied its processes, duties and responsibilities. It shall then inform the party alleging ownership that it will be necessary for that person to commence an appropriate civil action for the return of the items within thirty (30) days of receiving the notice. The buyer or dealer shall not be required to surrender the property to any law enforcement officer or agency or any other person absent an appropriate warrant.

(3) If for any reason after the local authorities have seized certain property and are unable to locate the rightful owner of the property after due diligence, then the property may be returned to the buyer or dealer upon the buyer or dealer executing a hold-harmless agreement to the local authorities pursuant to title 40, chapter 33.

 

.............................

 

Therefore, unless you can demonstrate that you received proper proof of ownership then the original owner will recover the actual property. You will be considered a crime victim and will be entitled to criminal restitution against the person who sold you the ring. However, criminal restitution can take time to recover. You should contact the Knox County District Attorney's Office and speak to them about this issue. If you have proper proof of ownership from the person who sold you the item, provide it to the District Attorney along with a written request for the item's return.

 

If you are unable to provide such "proof of ownership" then you will need to follow the criminal case and make sure the District Attorney gets restitution ordered against the thief. You may also wish to claim this on any insurance policy you may have. Further, you may wish to pursue a civil action against the thief for money damages.

 

As for the constitutionality of the statute, you will probably find that the cost of challenging the constitutionality of the statute will far outweigh the value of any success.

 

Please reply if I can help further.

 

________________________

Remember to click ACCEPT only when you are satisfied with your answers. This is how we get paid for our time with your questions. I would also appreciate any positive feedback you could provide. If you are not satisfied then please reply to me so I can further assist you or find someone else to help. I am not your attorney. Therefore no attorney-client relationship exists and any communications on this website are not subject to the attorney-client privilege. For this reason, please do not divulge any personal information and use this site only for hypothetical questions. This forum is for general questions and answers and I cannot provide you with applicable law or legal opinions or advice in your jurisdiction. Please seek the advice of a competent attorney in your jurisdiction. While I can answer general questions and discuss general legal principles, I cannot give you legal advice in your state. The internet is a great place to get general information but should not be seen as a substitute for the attorney-client relationship or the services of a good lawyer in your state.

 

JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience: Over 11 years in practice as a litigator ... civil and criminal
JD and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.