Q: Unlawful Pawnshop Release and Forgery - Northern California
Discovered mom forged my signature, pawn shop released jewelry to sister's boyfriend. No proper identity verification. Mother's false domestic abuse story hinders retrieval. She sent me a photo with the jewelry. Surveillance footage shows her handing it over when I pawned it. Manager confirmed on Jan 3 that she couldn't access it. Jan 16, spoke with the employee who admitted fault. Urgent legal advice needed for forgery, identity impersonation, and pawn shop laws. Jewelry value $50,000. Seeking the right lawyer, guidance appreciated. Pawn shop has document with boyfriend's signature, no relationship with him, extensive criminal record.
A:
In your situation, several legal issues arise under California law, including forgery, identity theft, and potential liability of the pawnshop. California Penal Code sections 470-483.5 address forgery and identity theft. If someone forges your signature without authorization, it's considered a criminal act. Similarly, impersonating someone to obtain property, like your jewelry, also falls under identity theft.
Given the value of the jewelry and the circumstances, it's crucial to act promptly. You should report the forgery and identity theft to the police. This will create an official record of the incident, which is essential for any legal action you might take.
Regarding the pawnshop, they have certain legal obligations for verifying identity before releasing property. If they failed to do this properly, they might be liable. However, proving this liability can be complex and requires a thorough understanding of relevant laws and regulations.
It would be wise to seek an attorney with experience in property law, specifically one who deals with issues related to pawnshops and personal property. They can help you understand your rights, the legal options available to you, and guide you through the process of potentially recovering your jewelry or seeking compensation for its loss. Additionally, an attorney can assist in dealing with law enforcement and the pawnshop to ensure your case is handled appropriately.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
