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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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Vintage watches were stolen from my home by a cleaning

Customer Question

Vintage watches were stolen from my home by a cleaning person. The Cleaner and an accomplice are under indictment for numerous felony charges. We located the "jewelry store/second hand dealer" to whom the 8 watches were sold. They sold four of the highest end items before I discovered the theft. I purchased back four of the unsold items.
I have requested dates of sale from the jewelry store and prices they obtained for the sales. They are stone walling and not providing any information. Am I entitled to obtain the profits from their sale?
PRC Belleair Beach FL
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Have you reported the sales and the information you have uncovered to the investigating agency? They can get warrants to review all the store's business records.

HERE Is the LINK for the Florida statute that regulates pawn shops and it states this in regard to record keeping

(9) RECORDKEEPING; REPORTING; HOLD PERIOD.—

(a) A pawnbroker must maintain a copy of each completed pawnbroker transaction form on the pawnshop premises for at least 1 year after the date of the transaction. On or before the end of each business day, the pawnbroker must deliver to the appropriate law enforcement official the original pawnbroker transaction forms for each of the transactions occurring during the previous business day, unless other arrangements have been agreed upon between the pawnbroker and the appropriate law enforcement official. If the original transaction form is lost or destroyed by the appropriate law enforcement official, a copy may be used by the pawnbroker as evidence in court. When an electronic image of a pledgor or seller identification is accepted for a transaction, the pawnbroker must maintain the electronic image in order to meet the same recordkeeping requirements as for the original transaction form. If a criminal investigation occurs, the pawnbroker shall, upon request, provide a clear and legible copy of the image to the appropriate law enforcement official.

IT is possible the police have the forms - if the pawn shop followed the law. So you can also check with the investigating agency about having those forms already.

Expert:  Sam replied 1 year ago.

The Florida Statute I provided also states:

or property held by a pawnbroker pursuant to F.S. 539.001 (15)(a):

(15) CLAIMS AGAINST PURCHASED GOODS OR PLEDGED GOODS HELD BY PAWNBROKERS.—

(a) To obtain possession of purchased or pledged goods held by a pawnbroker which a claimant claims to be 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 accurate description of the purchased or pledged goods and must be accompanied by a legible copy of the applicable law enforcement agency’s report on the misappropriation of such property. If the claimant and the pawnbroker do not resolve the matter within 10 days after the pawnbroker’s receipt of the notice, the claimant may petition the court to order the return of the property, naming the pawnbroker as a defendant, and must 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 a court of competent jurisdiction. The court shall waive any filing fee for the petition to recover the property, and the sheriff shall waive the service fees.

Expert:  Sam replied 1 year ago.

I suggest you can bring the matter to a civil suit to recover any and all money for the property that had been sold. And that their records should say who made the purchase and in that regard, the police should be able to help you recover the property and they pawn shop will return the buyer their money.