5-19A-9
Section 5-19A-9 Pledgor presenting pawn ticket entitled to redeem or repurchase goods; lost
or damaged pledged goods in possession of pawnbroker; lost, destroyed, or stolen pawn ticket.
(a) Any person properly identified as pledgor or as authorized representative of the pledgor
and presenting a pawn ticket to the pawnbroker shall be entitled to redeem or repurchase the
pledged goods described in the ticket. In the event pledged goods are lost or damaged while
in the possession of the pawnbroker, it shall be the responsibility of the pawnbroker to replace
the lost or damaged goods with like kinds of merchandise and proof of replacement shall be
a defense to any prosecution. For the purposes of this subsection, "lost" includes
pledged goods that have been destroyed or have disappeared due to willful neglect that results
in the pledged goods being unavailable for return to the pledgor. (b) If the pawn ticket is
lost, destroyed, or stolen, the pledgor shall so notify the pawnbroker in...
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5-19A-10
Section 5-19A-10 Liens for pawnbrokers; pledged goods not redeemed on or before maturity date
fixed in ticket. (a) A pawnbroker shall have a lien on the pledged goods pawned for the money
advanced and the pawnshop charge owed, but not for other debts due to the pawnbroker, subject
to the rights of other persons who have an ownership interest or prior liens in the pledged
goods. The pawnbroker shall retain possession of the pledged goods except as otherwise herein
provided until the lien is satisfied. (b) Pledged goods not redeemed on or before the maturity
date if fixed and set out in the pawn ticket issued in connection with any transaction shall
be held by the pawnbroker for 30 days following that date and may be redeemed or repurchased
by the pledgor or seller within the period by the payment of the originally agreed redemption
price, and by the payment of an additional pawnshop charge equal to the original pawnshop
charge. (Acts 1992, No. 92-597, p. 1227, §10.)...
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5-19A-5
Section 5-19A-5 Statement verifying pledgor is rightful owner of goods; pawnbroker to maintain
record of transactions; goods to be maintained on premises for certain number of days before
resale. (a) The pledgor or seller shall sign a statement verifying that the pledgor or seller
is the rightful owner of the goods or is entitled to sell or pledge the goods and shall receive
an exact copy of the pawn ticket which shall be signed or initialed by the pawnbroker or any
employee of the pawnbroker. (b) The pawnbroker shall maintain a record of all transactions
of pledged or purchased goods on the premises. A pawnbroker shall make available to the appropriate
law enforcement agency a record of the transactions. These records shall be a correct copy
of the entries made of the pawn or purchase transaction, except as to the amount of cash advanced
or paid for the goods and the monthly pawnshop charge. (c) All goods purchased by the pawnbroker
except for automobiles, trucks, and similar vehicles...
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5-19A-4
Section 5-19A-4 Certain information to be printed on pawn tickets. The following information
shall be printed on all pawn tickets: (1) The statement that "Any personal property pledged
to a pawnbroker within this state is subject to sale or disposal when there has been no payment
made on the account for a period of 30 days past maturity date of the original contract, and
no further notice is necessary." (2) The statement that "The pledgor of this item
attests that it is not stolen, it has no liens or encumbrances against it, and the pledgor
has the right to sell or pawn the item." (3) The statement that "The item pawned
is redeemable only by the bearer of this ticket." (4) A blank line for the pledgor's
signature. (Acts 1992, No. 92-597, p. 1227, §4.)...
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5-19A-6
Section 5-19A-6 Redemption or automatic forfeiture of pledged goods. A pledgor shall have no
obligation to redeem pledged goods or make any payment on a pawn transaction. Pledged goods
not redeemed within 30 days following the originally fixed maturity date shall be forfeited
to the pawnbroker and absolute right, title, and interest in and to the goods shall vest in
the pawnbroker. (Acts 1992, No. 92-597, p. 1227, §6.)...
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5-19A-8
Section 5-19A-8 Certain acts by pawnbrokers prohibited. A pawnbroker, any clerk, agent, or
employee of a pawnbroker shall not do any of the following: (1) Fail to make an entry of any
material matter in the record book. (2) Make any false entry therein. (3) Falsify, obliterate,
destroy, or remove from the place of business records, books, or accounts relating to the
licensee's pawn transactions. (4) Refuse to allow the supervisor, the appropriate law enforcement
agency, the Attorney General, or any other duly authorized state or federal law enforcement
officer to inspect the pawn records or any pawn goods during the ordinary hours of business
or other acceptable time to both parties. (5) Fail to maintain a record of each pawn transaction
for at least four years. (6) Accept a pledge or purchase property from a person under the
age of 19 years. (7) Make any agreement requiring the personal liability of a pledgor or seller
or waiving any of the provisions of this section or providing for...
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5-19A-3
Section 5-19A-3 Pawnbroker to enter on pawn ticket record of information. At the time of making
the pawn or purchase transaction, the pawnbroker shall enter on the pawn ticket a record of
the following information which shall be typed or written in ink and in the English language:
(1) A clear and accurate description of the property, including model and serial number if
indicated on the property. (2) The name, residence address, and date of birth of the pledgor
or seller. (3) Date of the pawn or purchase transaction. (4) Type of identification and the
identification number accepted from pledgor or seller. (5) Description of the pledgor including
approximate height, sex, and race. (6) Amount of cash advanced. (7) The maturity date of the
pawn transaction and the amount due. (8) The monthly rate and pawn charges. (Acts 1992, No.
92-597, p. 1227, §3.)...
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7-7-601
Section 7-7-601 Lost, stolen, or destroyed documents of title. (a) If a document of title is
lost, stolen, or destroyed, a court may order delivery of the goods or issuance of a substitute
document and the bailee may without liability to any person comply with the order. If the
document was negotiable, a court may not order delivery of the goods or issuance of a substitute
document without the claimant's posting security unless it finds that any person that may
suffer loss as a result of nonsurrender of possession or control of the document is adequately
protected against the loss. If the document was nonnegotiable, the court may require security.
The court may also order payment of the bailee's reasonable costs and attorney's fees in any
action under this subsection. (b) A bailee that, without a court order, delivers goods to
a person claiming under a missing negotiable document of title is liable to any person injured
thereby. If the delivery is not in good faith, the bailee is...
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5-19A-2
Section 5-19A-2 Definitions. The following words and phrases shall have the following meanings:
(1) APPROPRIATE LAW ENFORCEMENT AGENCY. The sheriff of each county in which the pawnbroker
maintains an office, or the police chief of the municipality in which the pawnbroker maintains
an office. (2) ATTORNEY GENERAL. The Attorney General of the State of Alabama. (3) PAWN TRANSACTION.
Any loan on the security of pledged goods or any purchase of pledged goods on condition that
the pledged goods are left with the pawnbroker and may be redeemed or repurchased by the seller
for a fixed price within a fixed period of time. A "pawn transaction" does not include
the pledge to, or the purchase by, a pawnbroker of real or personal property from a customer
followed by the sale or the leasing of that property back to the customer in the same or a
related transaction. (4) PAWNBROKER. Any person engaged in the business of lending money on
the security of pledged goods left in pawn, or in the business of...
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7-7-402
Section 7-7-402 Duplicate document of title; overissue. A duplicate or any other document of
title purporting to cover goods already represented by an outstanding document of the same
issuer does not confer any right in the goods, except as provided in the case of tangible
bills of lading in a set of parts, overissue of documents for fungible goods, substitutes
for lost, stolen, or destroyed documents, or substitute documents issued pursuant to Section
7-7-105. The issuer is liable for damages caused by its overissue or failure to identify a
duplicate document by a conspicuous notation. (Prior version of this section added by Acts
1965, No. 549, p. 811; repealed by Act 2004-315, p. 464, §1; current section added by Act
2004-315, p. 464, §1.)...
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