Legal Question in Credit and Debt Law in Virginia

Pawned belonging now trying to get them back

Three years ago my brother-in-law pawn some belongings to me and the other day he tried to give me the money back so he could get his things back.Do I have to give them back since it's been so long ? The belongings are worth more than I loaned him but a pawn shop doesn't let you come back three years later so why should I? Now his wife is threatening to serve me with papers but they are his belongs and he was the one who pawned them.what he pawned was guns and he is a convicted felon and is not supposed to have them anyway. What exactly is my legal rights?


Asked on 1/28/02, 9:08 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Pawned belonging now trying to get them back

Pawned items are subject to a written loan and security agreement, which I assume you do not have. Unless you have validly foreclosed on your collateral, he has a right to redeem for the principal and agreed interest. Of course, if you actually bought them, rather than lent against them, they are yours to keep. Whether he can legally possess the guns is another issue - you may not want to give them to him because you could be aiding and abetting a felon possessing guns, but if his wife claims them with his agreement, you have no excuse not to return them (assuming she's not also a felon).

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Answered on 1/28/02, 1:51 pm


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