2024 Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 714 - THEFT, FRAUD, AND RELATED OFFENSES
Section 714.28 - Claims against purchased or pledged goods held by pawnbrokers.

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 pawnbrokerby certified mail, return receipt requested, or in person evidenced by signed receipt, of theclaimant’s claim to the purchased or pledged goods. The notice must contain a complete andaccurate description of the purchased or pledged goods and must be accompanied by a legiblecopy of the applicable law enforcement agency’s report documenting the misappropriation ofthe property. If the claimant and the pawnbroker do not resolve the right to possession withinten days after the pawnbroker’s receipt of the notice, the claimant may petition the districtcourt sitting in small claims to order the return of the property, naming the pawnbroker asa defendant, and shall serve the pawnbroker with a copy of the petition. The pawnbrokershall hold the property described in the petition until the right to possession is resolved bythe 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 theconveying customer to repay the pawnbroker the full amount that the conveying customerreceived 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 anyagreement in which adjudication 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. 2014 Acts, ch 1070, §2Referred to in §631.1 Sat Dec 23 12:29:35 2023 Iowa Code 2024, Section 714.28 (10, 0)

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