PawnbrokersPawnbroker Regulations
Section § 21200
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.
Section § 21200.1
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.
Section § 21200.5
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.
Section § 21200.6
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.
Section § 21200.7
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.
Section § 21200.8
This law allows pawnbrokers to charge an additional $20 processing fee for each firearm they accept as pawn.
Section § 21200.9
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.
Section § 21200.10
A licensed pawnbroker cannot make a promise to a seller that they can buy back an item they sold to the pawnbroker.
Section § 21201
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.
Section § 21201.1
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.
Section § 21201.2
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.
Section § 21201.3
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.
Section § 21201.4
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.
Section § 21201.5
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.
Section § 21201.6
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.
Section § 21202
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.
Section § 21203
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.
Section § 21204
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.
Section § 21205
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.
Section § 21206
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.
Section § 21206.7
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.
Section § 21206.8
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.
Section § 21207
Pawnbrokers are not allowed to accept items as collateral from anyone who is under the age of 18.
Section § 21208
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.
Section § 21209
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.