Bill Text: IA HF514 | 2013-2014 | 85th General Assembly | Enrolled
Bill Title: A bill for an act specifying procedures for resolving claims against purchased or pledged goods held by pawnbrokers. Effective 7-1-14.
Spectrum: Committee Bill
Status: (Passed) 2014-04-03 - Signed by Governor. H.J. 666. [HF514 Detail]
Download: Iowa-2013-HF514-Enrolled.html
House
File
514
AN
ACT
SPECIFYING
PROCEDURES
FOR
RESOLVING
CLAIMS
AGAINST
PURCHASED
OR
PLEDGED
GOODS
HELD
BY
PAWNBROKERS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
631.1,
Code
2014,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
9.
The
district
court
sitting
in
small
claims
has
concurrent
jurisdiction
of
an
action
to
determine
ownership
of
goods
under
section
714.28
relating
to
claims
against
purchased
or
pledged
goods
held
by
pawnbrokers,
regardless
of
the
value
of
the
items
in
dispute.
House
File
514,
p.
2
Sec.
2.
NEW
SECTION
.
714.28
Claims
against
purchased
or
pledged
goods
held
by
pawnbrokers.
1.
As
used
in
this
section,
unless
the
context
otherwise
requires:
a.
“Claimant”
means
a
person
who
claims
that
the
person’s
property
was
misappropriated.
b.
“Conveying
customer”
means
a
person
who
delivers
property
into
the
custody
of
a
pawnbroker,
either
by
pawn,
sale,
consignment,
or
trade.
c.
“Misappropriated”
means
stolen,
embezzled,
converted,
or
otherwise
wrongfully
appropriated
against
the
will
of
the
rightful
owner.
2.
To
obtain
possession
of
purchased
or
pledged
goods
held
by
a
pawnbroker
which
a
claimant
claims
to
have
been
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
documenting
the
misappropriation
of
the
property.
If
the
claimant
and
the
pawnbroker
do
not
resolve
the
right
to
possession
within
ten
days
after
the
pawnbroker’s
receipt
of
the
notice,
the
claimant
may
petition
the
district
court
sitting
in
small
claims
to
order
the
return
of
the
property,
naming
the
pawnbroker
as
a
defendant,
and
shall
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
the
court.
3.
If,
after
notice
and
a
hearing,
the
court
finds
that
the
property
was
misappropriated
and
orders
the
return
of
the
property
to
the
claimant,
both
of
the
following
shall
apply:
a.
The
claimant
may
recover
from
the
pawnbroker
the
costs
of
the
action.
b.
If
the
conveying
customer
was
convicted
in
a
separate
criminal
proceeding
of
theft
or
dealing
in
stolen
property
involving
the
misappropriated
property,
the
court
shall
order
the
conveying
customer
to
repay
the
pawnbroker
the
full
amount
that
the
conveying
customer
received
from
the
pawnbroker
for
the
property,
plus
all
applicable
pawn
service
charges.
As
used
in
this
paragraph,
“convicted”
includes
a
plea
of
no
contest
to
the
charges
or
any
agreement
in
which
adjudication
House
File
514,
p.
3
is
withheld.
4.
If
the
court
finds
that
the
claimant
failed
to
comply
with
the
requirements
of
this
section
or
otherwise
finds
against
the
claimant,
the
claimant
shall
be
liable
for
the
defendant’s
costs.
______________________________
KRAIG
PAULSEN
Speaker
of
the
House
______________________________
PAM
JOCHUM
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
514,
Eighty-fifth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2014
______________________________
TERRY
E.
BRANSTAD
Governor
