Upon receiving an item as a pledge, a pawnbroker must give the consumer a memorandum. The memorandum must contain a description of the item, the interest on the loan and notice of the consumer rights, which are as follows:
RATES OF INTEREST: Four percent per month (Paradise PawnBrokers, Inc.only charges 4% per month), or any fraction of a month (48% per annum). A minimum interest charge of twenty five cents per month may be made on any loan.
This pledge may be sold by us after FOUR (4) MONTHS from the date of pawn, provided at least thirty (30) days before the sale, we send you, by mail, to the address given at the time of pledge, a written notice that we intend to sell.
Should your ticket be lost or forgotten, you must notify us at once and give us an exact description of the article pawned and positive identification of yourself and apply for the issuance of a stop ticket. Anyone presenting your ticket before you apply and obtain the issuance of a stop ticket, may redeem the pledge and we will not be responsible to you.
You cannot redeem the pledge without your ticket, unless you also furnish to us, at or before the time of redemption, a surety company bond in an amount twice the value of the pledge as determined by us, indemnifying us against loss, damage or expense by reasons of any claims by the holder of the ticket or by the alleged owner of the pledge, the form of the bond and surety to be approved by us.
If any third person makes a claim upon us for the pledge, you cannot redeem it unless you furnish a surety company bond, your ticket, amount and surety to be as provided in "5" hereof.
For the purpose of determining any claims against us, this pledge shall be deemed to have a value of not exceeding twice the amount of our loan stated on your ticket and in no event or suit shall we be liable on any claim in excess of that amount unless a higher value has been assigned upon between us and has been stated in writing.
No civil action or special proceeding upon any claim arising from or in any way connected with this pledge shall be brought after 2 years from the date of your ticket.
We are not responsible for loss or damage by fire, water, riot, burglary, robbery, hold up or theft of any kind, nor any loss or damage caused by any other casualty, act of God or public enemy in excess of our insurance coverage which is set at twice the amount of the loan, stated in accordance with the terms of paragraph "7" hereof.
No notice to us by you shall be binding upon us unless in writing and sent to us at the address on our contact page by registered or other mail for which receipt is obtained from postal authorities.
No suit or any claim concerning any redeemed pledge with respect to identity, condition or otherwise may be brought against us, unless such claim is made before the goods delivered by us are taken from our premises.
The pawnbroker, in the event of retirement from business or change of ownership, is authorized to transfer the pledge and his/her interest therein to any licensed pawnbroker in the State of New York.
(a) The holder of our pawn ticket may redeem the article pledged at any time prior to sale at private sale or public auction first following default. The article pledged may not be sold at private sale or public auction until it has remained four months in the collateral loan broker's possession.
(b) If the article pledged is sold at private sale or public auction, money, if any, in excess of the amount of the loan, interest, lawful auctioneer's commission, if applicable, lawful extra care charges, lawful ticket charges and the expenses of the advertisement of sale, if applicable, shall be paid to the holder of the pawn ticket.
(c) If the collateral loan broker shall purchase the article pledged at auction, the holder shall have an additional ten days to redeem the article pledged by paying to the collateral loan broker the amount of the loan, interest, lawful auctioneer's commission, lawful extra care charges, lawful ticket charges and the expense of the advertisement of sale.
(d) A holder may sell his/her ticket to a third party at any time prior to private sale or auction, or he may sell his/her ticket to the collateral loan broker, any time ninety or more days after the article was pledged.
(e) If his/her ticket is sold to a collateral loan broker, the holder may redeem the ticket within ten days after the sale, by paying the collateral loan broker the amount paid for the ticket.
NO CHECKS ACCEPTED PLEDGES MAY NOT BE EXAMINED PRIOR TO REDEMPTION
New York City Regulations
In New York City, pawnbrokers are licensed by the Commissioner of Consumer Affairs. New York City pawnbrokers must comply with both State and City rules and any violations by New York City pawnbrokers should be reported to the City Department of Consumer Affairs.
New York City Department of Consumer Affairs
42 Broadway | New York, NY 10004
For information call 3-1-1 or visit http://www.nyc.gov/html/dca/home.html