Legal Question in Consumer Law in Alabama

Item bought at Pawn Shop

In November of 2000 I bought an item at a pawn shop(musical Instrument). Recently, I took the instrument to have some repairs done and learned that the instrument was either stolen or pawned by the original owner while still owing the music store. They took possession of the instrument and agreed to give me a loner until the matter was solved. My questions are:

Do I have a claim to the instrument at all? I suspect no.

Does the pawn shop have to reimburse the purchase price to me?

Am I just out of luck and have to eat the $400.


Asked on 2/09/02, 9:49 pm

1 Answer from Attorneys
Jon Lewis Lewis, Feldman, & Lehane, LLC

Re: Item bought at Pawn Shop

That's a good question. THere is a pawnbrokers statute in ALabama 5-19A-1. You purchased this instrument in good faith. The music store's recourse is against the original purchaser, not you, and I don't think they can unilaterally take the instrument you purchased in good faith. I would send them a letter demanding either the return of the instrument or the replacement of the instrument with a comparable instrument.

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Answered on 2/11/02, 9:44 am


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