Legal Question in Consumer Law in Virginia

Re: Pawn shop Detective not doing his job

Your situation is really no different from the hapless purchaser who buys a vehicle from some guy off one of these commuter parking lots along State Route 301 in Maryland. The seller, of course, offers the eager buyer bogus paperwork on the vehicle who later finds out (usually from the cops) that the vehicle he thought was his is actually stolen. The vehicle is then promptly returned (normally) to its rightful owner and the one who made the bogus buy is usually left holding the proverbial empty bag, so to speak. And just like you, this fretful buyer will invariably explain that he "dont make a habit of buying stolen goods".

What is your remedy or recourse in this kind of situation? ZIP.

Among the several lessons to be learned from this unhappy tale of a "wormy apple", one is quite clear: Don't pawn any goods of value whose origin you're unsure of. (Police are constantly checking the inventories of pawn shops for stolen goods.)

Re: Pawn shop Detective not doing his job

I believe that you can recover the money that you paid to the pawn broker, and for several reasons I think you should run down to the clerk of the court, general district court, where you live and ask for a "Warrant in Debt Form" to sue them. (You will need the correct legal name, such as "Inc." or whatever, and a name of an officer, and an address to serve them at. Ideally you should call the State Corporation Commission and find out if they have appointed a registered agent. It is not as bad as it sounds, and it would be of great value if you identify their registered agent, which will save you a lot of potential problems.)

Then fill out the form. If you ask the clerk open-ended questions they will clam up and say they cannot give you legal advice. However, if you ask them how to fill out the form, they will tell you everything you could possibly want to know. Ask "which sections do I fill out and which sections do you fill out." And "what do I put on this line" (Helps if you have read it over carefully first, don't be annoying.)

Actually, the first thing you should do is write a letter demanding the return of your money. IT is possible they will write something back that could be helpful to you as evidence.

There is a small chance that someone (acting stupidly) could question you about buying the stolen goods, but I think that is highly unlikely. However, the pre-emptive strike of acting like the victim, and going on the record in court as the victim, might help psychologically in putting things in the right context. So not only for the money but to set the record straight, I would sue immediately for the return of your money.

I don't care if they sold it "as is." "As is" does not mean "stolen."

NOTE: On the W.I.D. form check both "contract" and also under "other" write "ALSO UNJUST ENRICHMENT AND FRAUD IN THE INDUCEMENT." That will be very important, if the pawn broker says they didn't know it was stolen, so they should keep your money. No way.

Now, I don't understand if this detective was the pawnbroker's detective or police. A private detective has no authority to drag you out to your house and you might add to what you are claiming in the lawsuit, if so.

I also don't understand about the insurance company. The pawnbroker may have insurance against mistakes like this and they may reimburse you from an insurance policy. However, you still sue the pawnbroker. The insurance company (if any) would stand behind the pawnbroker. So, you DON'T sue the insurance company, you sue the insurance company, regardless of whether insurance pays or not. (And they usually make up excuses for not paying, so I wouldn't wait for them, personally.)

Re: Pawn shop Detective not doing his job

Amended response to prior post: I have reread your question and Mr. Moseley's response and

now see that I apparently misinterpreted the relevant facts in your situation, thinking that you had purchased the Mac computer from someone else and then pawned it for a loan which you then payed off in installments. If in fact you attempted to buy the Mac from the pawn shop

with payments over time (layaway)and then it's discovered that the item is stolen, the pawn should return your money as you are essentially blameless for this particular situation and I concur in what Mr. Moseley has recommended as to filing the warrant in the general district court for the return of your funds.