Legal Question in Criminal Law in Missouri
My sister pawned several of my items this month (over twenty videogames, an Ipod, and an Amazon Kindle). I reported the items to the police and filed a police report. The lady who inputs the reports said that I would still have to pay the pawn shop to get the items back, as taking the items without paying for them would be "victimizing" the pawn shop. I didn't question this at the time, but when I went to speak to the pawn shop employee (to inform them that any items being pawned by my sister are likely stolen), she informed me that they can release the items without paying for them if I have the proper paperwork and an accompanying officer.
I started investigating and it seems that, in the majority of places, the pawn shop is responsible for prosecuting and suing the thief, not the original owner. I'm a bit confused about who I need to contact and how to bring this about. I have all of the pawn shop receipts that were filed by my sister. I could easily have her sign a notarized affidavit that confirms her intentional theft of my property.
I just need to know what paperwork I need and who to ask for assistance, as I feel the lady I spoke with was mistaken.
1 Answer from Attorneys
It sounds like the pawnbroker is nicer than the law requires. If you have an attorney draft an affidavit, that your sister executes, you should be successful un getting an officer to assist you. But, it sounds like the pawnbroker wants you to provide proof of ownership(u. E. Purchase receipts, etc.) when you bring the police report and the officer.
Once your sister executes the properly worded affidavit, the pawn shoo may be liable to you for civil damages, if they don't release your items to you. The attorney that drafts the affidavit can explain your options. Obviously, if your sister won't execute the affidavit, or otherwise admit the theft and sales to the pawn shoo, your position is much weaker, and you will probably have to sue her and the pawn shop.
Good luck
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