This law sets limits on the fees that a pawnbroker can charge for loans. They can't charge more than 3% per month on the amount you owe. If the interest charge is less than $3, they can charge up to $3 instead. Also, if you redeem your pawned property any time during a month, you're charged interest for the whole month.
(a)CA Financial Code § 21200(a) Except as otherwise provided in this chapter, no pawnbroker shall charge or receive compensation at a rate exceeding the sum of the following:
(1)CA Financial Code § 21200(a)(1) Three percent per month on the unpaid principal balance of any loan.
(2)CA Financial Code § 21200(a)(2) A charge not exceeding three dollars ($3) a month on any loan when the monthly charge permitted by paragraph (1) would otherwise be less.
(b)CA Financial Code § 21200(b) One month’s interest may be charged for any part of the month in which pawned property is redeemed.
pawnbroker fees loan interest charges monthly interest rate pawn loan costs redeeming pawned property 3% interest cap monthly service charge loan principal balance interest for partial month pawnshop fees California pawnshops excessive charges prevention consumer protection for borrowers interest charge limits financial interest regulations
(Amended by Stats. 2015, Ch. 245, Sec. 1. (SB 285) Effective January 1, 2016.)
This section allows lenders to charge a loan setup fee, which can be $7.50 or 3.5% of the loan amount, whichever is higher. However, the fee cannot be more than $90. This fee is added on top of any other charges the lender is permitted to impose.
A loan setup fee of seven dollars and fifty cents ($7.50) or 3.5 percent, whichever is greater, may be charged for each loan. However, the maximum loan setup fee shall not exceed ninety dollars ($90). Loan setup fees are in addition to any other allowed charges.
loan setup fee percentage fee maximum fee limit additional charges lender fees loan charges finance charge fee cap loan agreements financing costs loan processing borrower charges financial fees fixed fee
(Amended by Stats. 2019, Ch. 189, Sec. 1. (AB 1186) Effective January 1, 2020.)
A licensed pawnbroker cannot make a promise to a seller that they can buy back an item they sold to the pawnbroker.
No licensed pawnbroker shall promise any seller of tangible personal property that the seller may repurchase property sold to the pawnbroker.
pawnbroker repurchase buy back seller rights tangible personal property pawnshop rules licensed pawnbroker property sale promise CA pawnbroker regulations sell and repurchase buyback agreements pawn transactions seller protection secondhand goods resale restrictions
(Added by renumbering Section 21200.9 by Stats. 2024, Ch. 185, Sec. 2. (SB 1198) Effective January 1, 2025.)
This law sets maximum fees that pawnbrokers in California can charge for loans up to three months based on the loan amount. The charges vary based on specific loan amounts, ranging from a maximum of $3 for loans less than $20 to a percentage for loans $175 or more. It also requires pawnbrokers to clearly display these charges to the public.
For loans under $20, the fee can't exceed $3. For loans between $20 and $50, the fee can't exceed $6. For loans between $50 and $75, the fee can't exceed $9. Loans between $75 and $100 can be charged up to $12, and loans between $100 and $175 can be charged up to $15. For loans over $175, the maximum fee is 9% of the loan amount. Additionally, any charges for extending a contract must follow other specified regulations.
A pawnbroker may charge as prescribed in the following schedule:
Schedule of Charges
(a)CA Financial Code § 21200.5(a) A charge not exceeding three dollars ($3) may be made on any loan for not more than three months which does not exceed nineteen dollars and ninety-nine cents ($19.99).
(b)CA Financial Code § 21200.5(b) A charge not exceeding six dollars ($6) may be made on any loan for not more than three months of twenty dollars ($20) or more, but not exceeding forty-nine dollars and ninety-nine cents ($49.99).
(c)CA Financial Code § 21200.5(c) A charge not exceeding nine dollars ($9) may be made on any loan for not more than three months of fifty dollars ($50) or more, but not exceeding seventy-four dollars and ninety-nine cents
($74.99).
(d)CA Financial Code § 21200.5(d) A charge not exceeding twelve dollars ($12) may be made on any loan for not more than three months of seventy-five dollars ($75) or more, but not exceeding ninety-nine dollars and ninety-nine cents ($99.99).
(e)CA Financial Code § 21200.5(e) A charge not exceeding fifteen dollars ($15) may be made on any loan for not more than three months of one hundred dollars ($100) or more, but not exceeding one hundred seventy-four dollars and ninety-nine cents ($174.99).
(f)CA Financial Code § 21200.5(f) A charge not exceeding 9 percent may be made on any loan for not more than three months on any loan of one hundred seventy-five dollars ($175) or more, but not exceeding two thousand four hundred ninety-nine dollars and ninety-nine cents ($2,499.99).
(g)CA Financial Code § 21200.5(g) The monthly charge for any extension of a written contract required by Section 21201 or 21201.5 shall be computed in accordance with the provisions of Section 21200.
(h)CA Financial Code § 21200.5(h) The schedule of charges prescribed by this section shall be posted in a place clearly visible to the general public.
pawnbroker fees loan charges maximum loan fee three-month loan loan amount limits fee schedule public display of fees loan extension charges loan percentage charges loan amount categories California pawnbroker small loan regulations public visibility of charges contract extension fees loan fee percentage
(Amended by Stats. 2015, Ch. 245, Sec. 3. (SB 285) Effective January 1, 2016.)
This law allows pawnbrokers to charge additional fees when someone redeems their pawned items or takes out a replacement loan. Specifically, pawnbrokers can charge for handling, storage, and security based on the size of the item. If the item is smaller and fits within one cubic foot, the charge is $5 or 2.5% of the loan. If it's up to three cubic feet, they can charge $10 or 2.5% of the loan. Items within six cubic feet can incur a $20 fee or 2.5% of the loan. For items larger than six cubic feet, the fee is $30 plus $5 for every cubic foot beyond six. The 'cubic feet' are measured by the item’s widest, deepest, and tallest dimensions.
(a)CA Financial Code § 21200.6(a) In addition to other allowed charges, at the time property is redeemed or a replacement loan is issued pursuant to Section 21201.5, the pawnbroker may collect a handling, storage, and security charge for pawned articles. The maximum amount that may be charged pursuant to this section is in accordance with the following schedule:
(1)CA Financial Code § 21200.6(a)(1) Five dollars ($5) or 2.5 percent of the loan amount for any article that can be contained within one cubic foot.
(2)CA Financial Code § 21200.6(a)(2) Ten dollars ($10) or 2.5 percent of the loan amount for any article that cannot be contained within one cubic foot, but can be contained within three cubic feet.
(3)CA Financial Code § 21200.6(a)(3) Twenty dollars ($20) or 2.5 percent of the loan amount for any article that cannot be contained within three cubic feet, but can be contained within six cubic feet.
(4)CA Financial Code § 21200.6(a)(4) Thirty dollars ($30) or 2.5 percent of the loan amount for any article that cannot be contained within six cubic feet and five dollars ($5) for each additional cubic foot in excess of six cubic feet.
(b)CA Financial Code § 21200.6(b) For purposes of this section, cubic feet shall be determined by multiplying the width of an article, at its greatest width, by the depth of an article, at its greatest depth, by the height of an article, at its greatest height.
pawnbroker charges handling fees storage fees security charges redemption fees replacement loan cubic feet measurement pawned article size loan amount percentage additional cubic foot charge item dimension calculation redeem pawned items fees fees for large items size-based charges loan and pawn transactions
(Amended by Stats. 2024, Ch. 185, Sec. 1. (SB 1198) Effective January 1, 2025.)
This law requires pawnbrokers to display the maximum fee they charge for their services in a place where the general public can easily see it.
The maximum charge of compensation charged by a pawnbroker pursuant to the authority of Section 21200 shall be posted in a place clearly visible to the general public.
pawnbroker fees public display compensation charges transparency requirement visible fee posting consumer information pawn shop regulations maximum charge fee disclosure customer visibility regulated fees pawn transaction pricing transparency
(Added by renumbering Section 21200.5 by Stats. 1969, Ch. 25.)
This law allows pawnbrokers to charge an additional $20 processing fee for each firearm they accept as pawn.
In addition to other allowed charges, a pawnbroker may collect a processing charge of twenty dollars ($20) for each firearm pawned.
pawnbroker firearm processing charge pawn transaction pawned firearm service fee firearm handling additional fee pawnshop regulations transaction costs gun pawning customer charges firearm transaction fees firearm regulations pawnshop business
(Amended by Stats. 2019, Ch. 189, Sec. 3. (AB 1186) Effective January 1, 2020.)
This law allows pawnbrokers to charge an extra fee when a customer, known as a pledgor, chooses to manage their loan online. Specifically, the fee can be up to 3% of the transaction amount. This fee is meant to cover the costs of the software used for online transactions.
In addition to other allowed charges, a pawnbroker may collect a remote transaction fee, if the pledgor elects to request a replacement loan or to redeem a loan through electronic means, of up to 3.0 percent of the transaction amount to cover the recurring costs associated with software applications.
pawnbroker remote transaction fee electronic loan management replacement loan redeem loan software costs electronic transactions 3 percent fee online loan service recurring software costs loan transaction fee digital pawnbroker transactions online loan redemption transaction amount fee remote loan processing
(Added by Stats. 2024, Ch. 185, Sec. 3. (SB 1198) Effective January 1, 2025.)

This law outlines the rules for loans made by pawnbrokers where items are held as collateral. When a loan is given, the pawnbroker must provide a written contract to the person pledging their goods, and the contract must clearly state that the minimum loan period is four months, and specify the redemption rights and deadline. The loan contract must also include a boldface notice about the redemption details, allowing the pledgor to pay back the loan and any charges within that period to reclaim their property.
Pawnbrokers must keep the pledged items for the whole loan period, and the pledgor can redeem them anytime during this time. If stored off premises, the pawnbroker must return the items quickly after the loan is paid. If the pledgor does not redeem the item and doesn’t extend the loan, the pawnbroker has to notify them within one month, offering an additional 10-day redemption period post-notification. If this period is missed, the pawnbroker gains ownership of the items without the need for foreclosure proceedings stipulated elsewhere.
If the item isn't redeemed within this extra 10-day period, it fully transfers to the pawnbroker's ownership. Selling the item before gaining title through this process is a misdemeanor, as per another section of the law.
(a)CA Financial Code § 21201(a) Every loan made by a pawnbroker for which goods are received in pledge as security shall be evidenced by a written contract, a copy of which shall be furnished to the pledgor. The loan contract shall provide a loan period that is a minimum of four months, shall set forth the loan period and the date on which the loan is due and payable, and shall clearly inform the pledgor of their right to redeem the pledge during the loan period.
(b)CA Financial Code § 21201(b) Every loan contract shall contain the following notice, in at least 8-point boldface type and circumscribed by a box, immediately above the space for the pledgor’s signature:
“You may redeem the property
you have pledged at any time until the close of business on ____ [fill in date no less than four months from date loan begins]. To redeem, you must pay the amount of the loan and the applicable charges which have accrued through the date on which you redeem.”
(c)CA Financial Code § 21201(c) Every pawnbroker shall retain in their possession every article pledged to them for the duration of the loan period. During that period, the pledgor may redeem the articles upon payment of the amount of the loan and the applicable charges. If the pledgor and the pawnbroker agree in writing that the pawned property may be stored off premises, following the request for redemption of the loan, the pawnbroker shall return the pledged property to the pledgor the next calendar day when both the pawnbroker’s store and the storage facility are open, not to exceed two business
days.
(d)CA Financial Code § 21201(d) If any pledged article is not redeemed during the loan period as provided herein, and the pledgor and pawnbroker do not mutually agree in writing to extend the loan period, the pawnbroker shall notify the pledgor within one month after expiration of the loan period. If the pawnbroker fails to notify the pledgor within one month after the expiration of the loan period, the pawnbroker shall not charge interest from the day after the expiration of the one-month period. The pawnbroker shall notify the pledgor at the pledgor’s last
known mailing or electronic address of the termination of the loan period, by a means for which verification of mailing or, at the sole option of the pledgor, electronic transmission of the notification can be provided by the pawnbroker, and extending the right of redemption, during posted business hours, for a period of 10 days from date of mailing or electronic transmission of that notice. Electronic notice of the termination of the loan period shall be valid if the pledgor has previously responded to an electronic communication sent by the pawnbroker to the pledgor’s last known electronic address provided by the pledgor. Upon the initiation of each new or replacement loan, the pledgor shall affirm that the current electronic address on file with the pawnbroker is valid. The 10-day notice shall state, in substantially the same format as the following: “If the tenth day falls on a day when the pawnshop is
closed, the time period is extended to the next day that the pawnshop is open.”
(e)CA Financial Code § 21201(e) The posted schedule of charges required pursuant to Section 21200.5 shall contain a notice informing the pledgor that if they desire, the pawnbroker shall send the notice of termination of the loan period by registered or certified mail with return
receipt requested, upon prepayment of the mailing costs.
(f)CA Financial Code § 21201(f) If any pledged article is not redeemed within the 10-day notice period, the pawnbroker shall become vested with all right, title, and interest of the pledgor, or the pledgor’s assigns, to the pledged article, to hold and dispose of as the pawnbroker’s own property. Any other provision of law relating to the foreclosure and sale of pledges shall not be applicable to any pledge the title to which is transferred in accordance with this section. The pawnbroker shall not sell any article of pledged property until they have become vested with the title to
that property pursuant to this section.
(g)CA Financial Code § 21201(g) The sale of pledged property is a misdemeanor pursuant to Section 21209.
pawnbrokers loan contract pledged goods redemption rights loan period notification requirement storage of collateral extended redemption period title transfer foreclosure exceptions misdemeanor for sale return of collateral off-premises storage redemption notice
(Amended by Stats. 2019, Ch. 189, Sec. 4. (AB 1186) Effective January 1, 2020.)
If someone loses their pawn ticket, a fee of up to $10 can be charged. This fee covers the costs of checking the person's identity, taking their fingerprints, and having them sign a statement confirming their identity under oath.
Whenever a pledger, or his or her assignee, loses a pawn ticket, a fee of not to exceed ten dollars ($10) may be charged for services of verifying the identification of the claimant, fingerprinting the claimant, and having the claimant execute a declaration under penalty of perjury.
pawn ticket loss identification verification fingerprinting declaration under penalty of perjury pawn shop fee pawn ticket replacement claimant verification process pawn transaction lost pawn ticket procedure identification services fee
(Added by Stats. 1991, Ch. 202, Sec. 3.)
If you don't pay back your pawn loan in time, the pawnbroker needs to send you a notice. They can charge an extra fee of up to $7 for sending this notice, either by mail or electronically.
If the pledgor fails to redeem any pawned item during the loan period, thereby obliging the pawnbroker to mail or electronically transmit the notice required under Section 21201, the pawnbroker may charge a fee of up to seven dollars ($7) for services and costs pertaining to the preparation and mailing or electronic transmission of the notice, in addition to any other allowed charges.
pawn loan notice fee pledged item pawnbroker charge redeem pawned item loan period electronic notice mailing fee non-redemption service charge preparation costs seven dollar fee loan agreement notice preparation pawn transaction
(Amended by Stats. 2024, Ch. 185, Sec. 4. (SB 1198) Effective January 1, 2025.)
This law requires pawnbrokers to specify in contracts whether pledged items are stored at the business location. A disclosure must be included stating that if items are stored elsewhere, they must be returned within two business days. Pawnbrokers must also display a sign showing if pawned items are insured. If items are stored off-site, a notice must be posted indicating that items will be returned within two days after a loan is repaid and both locations are open. Any violations of these rules are considered an infraction. This law became effective on July 1, 1995.
(a)CA Financial Code § 21201.3(a) The written contract required pursuant to Section 21201 shall contain a provision in 8-point type stating whether the item or items pledged are to be stored at the business premises of the pawnbroker and adjacent to this provision, the following disclosure shall be made: “We must return your property within two business days if your property is stored off premises.”
(b)CA Financial Code § 21201.3(b) Every pawnbroker shall display a sign at his or her premises indicating whether or not
pawned items are insured.
(c)CA Financial Code § 21201.3(c) If a pawnbroker stores pledged property at a location other than the pawnshop, the pawnbroker shall post a conspicuous sign stating that pawned items may be stored off premises with the consent of the pledgor and that following the redemption of a loan, property is required to be returned the next calendar day upon which both the pawnbroker’s store and the storage facility are open, not to exceed two business days.
(d)CA Financial Code § 21201.3(d) Notwithstanding Section 21209, a violation of this section is an infraction.
(e)CA Financial Code § 21201.3(e) This section shall become operative July 1, 1995.
pawnbroker storage location contract disclosure insurance sign pawned items storage off-premises storage return property timeline conspicuous sign property redemption business premises storage two business days return loan redemption property insurance disclosure contract provision infraction for violation effective date July 1995
(Amended by Stats. 2002, Ch. 404, Sec. 2. Effective January 1, 2003.)
This law section explains how the charges on a short-term loan should be calculated. For the first three months of the loan, the charges are determined based on a specific schedule outlined in another section of the law. If the loan is extended beyond those first three months, a different schedule of charges applies.
Charges for the first three months of any loan made pursuant to the written contract required by Section 21201 or 21201.5 shall be determined by the application of the schedule of charges contained in Section 21200.5. Charges for any extension of time following the first three months of any loan shall be determined by application of the schedule of maximum compensation contained in Section 21200.
loan charges short-term loans first three months loan extension charges schedule of charges maximum compensation extension period interest calculation loan contract charge determination loan agreement finance charges loan repayment terms early loan period loan fee schedule
(Amended by Stats. 2011, Ch. 318, Sec. 5. (AB 424) Effective January 1, 2012.)

This law outlines how a pledgor (the person who has pawned an item) can arrange for a replacement loan with a pawnbroker, extending the terms of an existing pawn loan. A replacement loan can be requested either during the loan period or within a 10-day grace period after the loan expires. Before a new loan is processed, all outstanding fees from the existing loan must be paid in a form the pawnbroker accepts.
The new loan is considered a separate loan and comes with its own fees and charges. The remaining balance of the old loan is added to the new loan, and all terms must comply with the existing legal requirements. Consent to the new loan terms can be given by signing a contract either in person or electronically. If the request is made by mail or a representative, the principal amount of the new loan cannot exceed the previous loan's amount. The terms of the replacement loan need to be consistent with current laws, and the pawnbroker must provide a copy of the agreement to the pledgor within five business days.
(a)CA Financial Code § 21201.5(a) During the contractual loan period and any extension thereof, but prior to the start of the 10-day grace period provided in subdivision (d) of Section 21201, a pledgor may request, and a pawnbroker may consent to, a replacement loan to take effect upon the expiration of the loan period stated in the active loan contract delivered to the pledgor under Section 21201 or this section.
(b)CA Financial Code § 21201.5(b) Alternatively, a pledgor may request, and a pawnbroker may consent to, a replacement loan during the 10-day grace period provided in subdivision (d) of Section 21201. Any such replacement loan shall become effective on the date it is issued.
(c)CA Financial Code § 21201.5(c) All of the following shall
apply to a replacement loan issued pursuant to this section:
(1)CA Financial Code § 21201.5(c)(1) The loan shall be processed as, and deemed to be, a new loan subject to all other fees and charges permitted by this chapter.
(2)CA Financial Code § 21201.5(c)(2) Before a replacement loan may be issued, the pledgor shall pay off all outstanding charges from the prior loan then due, including interest or any loan writing, storage, notification, or other fee authorized in this chapter, in cash or another form acceptable to the pawnbroker. The pledgor’s payment may be delivered to the pawnbroker by any method acceptable to the pawnbroker, including, but not limited to, United States mail, private mail, a personal representative, or electronic transfer. If insufficient payment is tendered by the pledgor or is not tendered in cash or a form acceptable to the pawnbroker, the pawnbroker shall, if commercially reasonable, return the payment in the same
manner that the payment was delivered by the pledgor, or by another commercially reasonable manner, within five business days, and shall include a statement advising the pledgor the reason the payment was rejected. The pawnbroker is under no obligation to enter into a replacement loan if the amount is insufficient or the method of payment or form of tender is not cash or acceptable to the pawnbroker.
(3)CA Financial Code § 21201.5(c)(3) The unpaid balance of the prior loan shall be debited to the replacement loan on which the same article or articles have been pledged. The replacement loan contract shall disclose the amount of the prior loan that is debited and shall otherwise be consistent with Section 21201.
(4)CA Financial Code § 21201.5(c)(4) If the pledgor requests a replacement loan in person or electronically, the pledgor’s consent to the terms of the replacement loan shall be deemed given when he or she signs the written replacement loan
contract in person or electronically in conformity with Section 21201.6.
(5)CA Financial Code § 21201.5(c)(5) If the pledgor requests a replacement loan by mail or through a personal representative, the pledgor’s consent to the terms of the replacement loan shall be deemed given when all required charges from the prior loan then due are paid in a form acceptable to the pawnbroker. The principal amount of a replacement loan requested by mail or through a personal representative shall not exceed the principal amount of the prior loan.
(6)CA Financial Code § 21201.5(c)(6) The terms of the replacement loan shall be consistent with this chapter on the date the replacement loan is issued.
(7)CA Financial Code § 21201.5(c)(7) The replacement loan shall be evidenced by a written agreement or electronic record. The pawnbroker shall mail or otherwise transmit a copy of the written agreement or electronic record to the
pledgor within five business days following receipt of payment by means for which verification of mailing or electronic transmittal can be provided by the pawnbroker.
replacement loan pledger pawnbroker 10-day grace period outstanding charges loan extension consent to terms written agreement electronic record principal amount loan fees payment method loan contract outstanding balance electronic transfer
(Amended by Stats. 2015, Ch. 417, Sec. 3. (SB 300) Effective January 1, 2016.)
This law says that a pawnbroker can use electronic contracts instead of printed ones, as long as certain conditions are met. First, the electronic contract must follow the rules of the Uniform Electronic Transactions Act. Second, any disclosures that are required by law must be clearly presented to the person giving the pledge, known as the pledgor, before they sign. Lastly, the pawnbroker must disclose certain information based on the loan amount: if the loan is under $2,500, they need to tell the pledgor the maximum fees they might owe; if it's $2,500 or more, they must disclose other specific legal section provisions before the contract is signed.
The requirement for a written contract signed by the pledgor as set forth in Section 21201.5 may be met electronically if all of the following conditions are satisfied:
(a)CA Financial Code § 21201.6(a) The contract and transaction comply with the provisions of the Uniform Electronic Transactions Act, as set forth in Title 2.5 (commencing with Section 1633.1) of Part 2 of Division 3 of the Civil Code, as may be applicable at the time that the loan is entered into between the pawnbroker and the pledgor.
(b)CA Financial Code § 21201.6(b) Any written disclosures specified in this chapter to be set forth in a specified minimum type size are conspicuously presented to the pledgor prior to his or her execution of the electronic contract.
(c)CA Financial Code § 21201.6(c) The pawnbroker makes one of the following disclosures:
(1)CA Financial Code § 21201.6(c)(1) If the principal loan amount is below two thousand five hundred dollars ($2,500), the pawnbroker discloses the maximum compensation due a pawnbroker as set forth in Section 21200.7 prior to the pledgor’s execution of the electronic contract.
(2)CA Financial Code § 21201.6(c)(2) If the principal loan amount is two thousand five hundred dollars ($2,500) or more, the pawnbroker discloses the provisions of Sections 21051 and 22054 prior to the pledgor’s execution of the electronic contract.
electronic contracts pawnbroker loans Uniform Electronic Transactions Act disclosures written contract loan amount principal loan amount maximum compensation conspicuous presentation pledge compensation disclosure under $2 500 $2 500 or more execution of contract Title 2.5 Civil Code
(Added by Stats. 2015, Ch. 417, Sec. 4. (SB 300) Effective January 1, 2016.)
This law requires pawnbrokers to record detailed information about each loan they provide, like the date, amount, interest rate, and a description of the pledged item. They must also note the pledgor's name and address. The pawnbroker must give the pledgor a written copy of these details, although it doesn't have to include the pledgor's name and address.
Every pawnbroker shall enter at the time of the transaction, in records of loans and pledges kept by him for that purpose, the date, duration, amount, and rate of interest or charges of every loan made by him, a reasonably accurate description of the property pledged, the name and residence address of the pledgor. Every pawnbroker shall deliver to the pledgor a written copy of such entry. Such written copy need not include the name and address of the pledgor.
pawnbroker recordkeeping loan transaction details pledged property description interest rate documentation transaction date pledge details written copy for pledgor loan duration pawnbroker documentation requirements pledgor information resident address record California pawn loan terms
(Amended by Stats. 1979, Ch. 1037.)
If you pawn something and you're ready to pay back the loan, your item should be given back right away unless it's under a legal hold. If the item is kept somewhere off-site, you'll get it back the next day both the pawnshop and storage place are open, but no later than two business days.
Any property held in pawn which is not subject to a hold pursuant to Section 21647 of the Business and Professions Code shall be returned to the pledgor immediately upon redemption of the loan. However, if the property is stored off the business premises of the pawnbroker, following the redemption of the loan the property shall be returned the next calendar day when both the pawnbroker’s store and the storage facility are open, not to exceed two business days.
pawned property redemption of loan pawnbroker off-site storage property return property hold immediate return business premises calendar day storage facility open business days limit pledger rights loan repayment property redemption process pawnshop operations
(Amended by Stats. 2002, Ch. 404, Sec. 4. Effective January 1, 2003.)
This law requires pawnbrokers to give borrowers a detailed receipt whenever a loan contract is paid off. The receipt must clearly list all fees, charges, and any other payments made by the borrower to the pawnbroker.
Every pawnbroker, upon redemption of a loan contract, shall provide the borrower with a receipt that correctly states in detail all of the fees, charges, and compensation paid by the borrower to the pawnbroker.
pawnbroker loan redemption receipt borrower fees charges compensation loan contract financial transaction detailed receipt payment disclosure pawn loan redemption process fee transparency borrower rights pawnshop
(Added by Stats. 1998, Ch. 804, Sec. 2. Effective January 1, 1999.)
Each year, pawnbroker industry representatives need to conduct surveys with their members to collect information about how financially healthy the pawn industry is in California.
Representatives of the pawnbroker industry shall poll their members annually to gather data relating to the current financial condition of the California pawn industry.
pawnbroker industry annual poll financial condition California pawn industry industry survey data gathering financial health industry representatives member polling industry data collection financial analysis California pawnbrokers
(Added by Stats. 2015, Ch. 245, Sec. 7. (SB 285) Effective January 1, 2016.)
Pawnbrokers must allow certain officials to inspect their loan records and pledged items. These officials include officers with a search warrant for personal property, peace officers or employees appointed by police chiefs or sheriffs, and officers with a court order for inspection.
Every pawnbroker shall produce his or her records of loans and all pledged property, for inspection by the following persons:
(a)CA Financial Code § 21206(a) Any officer holding a warrant authorizing him or her to search for personal property.
(b)CA Financial Code § 21206(b) Any peace officer or employee designated by the chief of police or sheriff.
(c)CA Financial Code § 21206(c) Any officer holding a court order directing him or her to examine such
records or pledged property.
pawnbroker obligations loan records inspection pledged property search warrant peace officer authority sheriff chief of police court order law enforcement access property inspection rights California financial regulations pawnbroker compliance inspection by officials
(Amended by Stats. 1992, Ch. 647, Sec. 8. Effective January 1, 1993.)
If a police officer takes an item from a pawnbroker because it's believed to be stolen, the officer must provide the pawnbroker with a detailed receipt. This receipt should list what the item is, why it's being taken, and the names of both the pawnbroker and the officer.
Whenever any property is taken from a pawnbroker by a peace officer which is alleged to be stolen property, the police officer shall give the pawnbroker a receipt for the property which shall contain a description of the property, the reason for seizure, and the names of the pawnbroker and the officer.
pawnbroker stolen property peace officer property receipt property seizure police receipt item description reason for seizure officer name pawnbroker name law enforcement action seizure protocol pawned items police authority property confiscation
(Added by Stats. 1979, Ch. 1037.)
This law outlines the process that must be followed when handling property believed to be lost, stolen, or embezzled and taken from a pawnbroker. When someone claims ownership of such property, they must submit a signed statement under oath explaining their claim. The pawnbroker must be notified of this claim, and if the pawnbroker doesn't contest it within 10 days, the property can be legally handled according to other laws.
If there are competing claims on the property, the court will consider existing laws that may impact the outcome, such as the Commercial Code. Before any hearing, the person holding the property must give the pawnbroker a copy of the police report, making sure it follows legal privacy standards.
If the property was stolen or embezzled, pawnbrokers are given at least a three-month notice before the property can be disposed of. Lastly, pawnbrokers are not responsible if they can't return the property to the original owner because it was seized.
(a)CA Financial Code § 21206.8(a) Notwithstanding the provisions of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2 of the Penal Code, whenever property alleged to have been lost, stolen, or embezzled is taken from a pawnbroker, the peace officer, magistrate, court, clerk, or other person having custody of the property shall not deliver the property to any person claiming ownership unless the provisions of this section are complied with.
(b)Copy CA Financial Code § 21206.8(b)
(1)Copy CA Financial Code § 21206.8(b)(1) If any person makes a claim of ownership, the person shall file a written statement, signed under penalty of perjury, stating the factual basis upon which they claim ownership or an interest in the property with the person having custody of the property, and the person
having custody of the property shall notify the pawnbroker of the claim by providing a true and correct copy of the claim to the pawnbroker.
(2)CA Financial Code § 21206.8(b)(2) If the pawnbroker makes no claim with respect to the property within 10 days of such notification, the property may be disposed of as otherwise provided by law.
(3)CA Financial Code § 21206.8(b)(3) In adjudicating the competing claims of a pawnbroker and a person claiming ownership or an interest in the property seized from a pawnbroker, the adjudicating court shall give due consideration to the effect Section 2403 of the Commercial Code may have on the claims.
(4)CA Financial Code § 21206.8(b)(4) At least 30 calendar days before any hearing adjudicating any competing claims of a pawnbroker and a person claiming ownership or an interest in the property, the person having custody of the property shall deliver to the pawnbroker a true and
correct copy of the police report, redacted as may be required by law and consistent with due process of law, substantiating the basis of the seizure of the property from the pawnbroker.
(c)CA Financial Code § 21206.8(c) If property alleged to have been stolen or embezzled is taken from a pawnbroker, prior to any disposal of the property pursuant to Section 1411 of the Penal Code, the notice to be given to the owner and owner of a security interest pursuant to Section 1411 shall be given to the pawnbroker. Such property shall not be disposed of pursuant to Section 1411 until three months after such notice has been given.
(d)CA Financial Code § 21206.8(d) A pawnbroker shall not be liable to any person for any property seized from the pawnbroker on account of the pawnbroker’s inability to return the property to that person because of the seizure.
stolen property pawnbroker rights property claims ownership dispute penalty of perjury adjudicating claims police report copy property seizure competing claims Commercial Code Section 2403 notice of disposal security interest property disposal hearing process liability of pawnbroker
(Amended by Stats. 2013, Ch. 318, Sec. 2. (SB 762) Effective January 1, 2014.)
Pawnbrokers are not allowed to accept items as collateral from anyone who is under the age of 18.
No pawnbroker shall receive anything in pledge from any person who is a minor.
pawnbroker restrictions minor pledge prohibition collateral age requirement pawn regulations underage transactions pawn shop rules minor protection loan collateral pawn laws prohibited transactions underage pledges
(Amended by Stats. 1989, Ch. 1418, Sec. 4.)
This law states that pawnbrokers must follow the same reporting rules that apply to secondhand dealers, as detailed in a specific part of the Business and Professions Code.
A pawnbroker shall comply with the reporting requirements imposed on secondhand dealers under Article 4 (commencing with Section 21625) of Chapter 9 of Division 8 of the Business and Professions Code.
pawnbroker reporting requirements secondhand dealer regulations Business and Professions Code compliance Section 21625 reporting obligations secondhand goods regulatory compliance Chapter 9 Division 8 pawnbroker laws dealer reporting duties
(Repealed and added by Stats. 2012, Ch. 172, Sec. 8. (AB 391) Effective August 17, 2012.)
If someone breaks a rule in this chapter and they either know or should have known they were doing so, it's considered a misdemeanor. Basically, ignorance isn't an excuse, and you might face criminal charges if you violate these rules knowingly or negligently.
The violation of any provision of this chapter under circumstances where a person knows or should have known that a violation was being committed is a misdemeanor.
misdemeanor violation knowledge of violation negligence criminal charges chapter provisions rule-breaking intentional violation legal consequences regulatory compliance ignorance as no excuse duty to know regulations legal awareness minor crime accountability in law
(Amended by Stats. 1986, Ch. 826, Sec. 7.)