QUESTION

We are trying to get items back from a pawn shop that were illegally sold to the pawn shop after being stolen from us.

Asked on May 13th, 2014 on General Practice - Florida
More details to this question:
In October we had our jewelry stolen by our niece's boyfriend. He has been charged. We found some of the jewelry at 2 local pawn shops, we have sued the pawn shops to get the jewelry back without having to pay for it. One of the pawn shops has called us saying that if we go to court and loose the case, we will be responsible for the shop's legal fees. Suggesting that we call him and make arrangements. Is there a chance that we could loose this case?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Without knowing all the facts, no one can say for certain that you will win or that you will lose.  If your actions somehow created the impression that your niece's boyfriend had authority to pawn your goods, or owned the goods being pawned, you could lose.   There's nothing in your question to suggest this, it's just that I don't know all the facts. However, I would not take the pawnshop owner's word that you would have to pay attorneys' fees if you lose.  I am not familiar with Florida law, but I assume that it is similar to NY law.  Under NY law, each party pays its own attorneys' fees unless a statute or contract says otherwise.  I know of no statute (but again I don't know Florida law) which would compel you to pay the other side's attorneys' fees in this case, and, although the pawn contract may provide for attorneys' fees to go to the prevailing party, you are not a party to that contract.  Moreover, even if there were a binding attorneys' fees provision, it would probably have to be mutual, which means that if you won, the other side would have to pay your fees.
Answered on May 13th, 2014 at 3:45 PM

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