QUESTION

Can a pawn shop in Arizona hold an item I pawned on one ticket to use to pay on an item they lost money on from a different item I pawned?

Asked on Sep 13th, 2012 on Business Law - Arizona
More details to this question:
I went to pay on my ring I pawned my payment was 2 days late and they said that they werent going to accept it this time although they always have in the past let me pay late because a motorcycle that my husband pawned to them and didn't get back ended up having a lien on it for child support. When the bike was taken in there was no knowledge of any lien. Can they keep my ring because of this??
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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To frame this question in a different way, imagine that the statutory date for redemption of your pawned item has passed and the pawn shop refuses your late tender, without giving a reason. I think you would agree that they are absolutely entitled to refuse your late tender and the statute gives them the right to retain the item once the redemption period has expired. Now change the facts just a bit and imagine that the moon is blue and they refuse your late tender because the moon is blue. If they are privileged to refuse your late tender for no reason at all, why would they not be privileged to refuse to take your money because the moon is blue? The point here is that the statute gives them the absolute right to refuse your late tender. They may refuse it for a good reason, a bad reason, or no reason at all.
Answered on Sep 13th, 2012 at 11:15 PM

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