Chico, CA asked in Consumer Law, Civil Rights, Collections and Identity Theft for California

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.

1 Lawyer Answer
James L. Arrasmith
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Answered

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.

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