Select a different bill



HB 0720 - Pawnbrokers; title pawn transactions; provisions

Tracking Level: Monitor
Sponsor: Holmes,Bob 61st
Last Action: 3/27/2007 - House Second Readers
House Committee: B&B
Assigned To:
06. State CourtsNext Bill
09. Magistrate CourtsNext Bill

Staff Analysis of the Legislation

Amend Article 2 of Chapter 4 of Title 17.  Relating to interest and usury generally.  This bill would include title pawn transactions and well as change laws relating to pawnbrokers.  �Title pawn transaction� is defined.  All title pawn transactions shall be for 30 day periods but may be extended or continued for additional 30 day periods.  A pawnbroker shall not lease back to the pledgor any motor vehicle during a title pawn transaction or during any extension.  A pawnbroker has upon default the right to take possession of the motor vehicle only upon written notice delivered via certified mail or statutory overnight delivery, return receipt requested, ten business days prior to the repossession. Such notice shall state that the pledgor has violated the terms of the title pawn transaction and that the pawnbroker now has the right to repossess the motor vehicle. In taking possession, the pawnbroker or agent may proceed by civil action or may proceed without judicial process only if such action can be taken without breach of the peace. During the initial title pawn transaction or any extension a pawnbroker shall charge an interest rate not to exceed that set forth in Code Section 7-4-18, and no additional charges shall under any circumstances be permissible except as provided in this Code section.  In addition to the interest provided for, in a title pawn transaction or in any extension, a pawnbroker may charge the following: a fee equal to no more than any fee imposed by the appropriate state to register; a lien upon a motor vehicle title, but only if the pawnbroker actually registers such a lien; no more than $5.00 per day in storage fees, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the pawnbroker�s possession and only for each day the pawnbroker must actually retain possession; and a repossession fee of $50.00 within 50 miles of the office where the pawn originated or a fee of $100.00 beyond 50 miles, but only if an actual repossession pursuant to a default takes place on a vehicle which was not already in the broker�s possession.  No other charge or fee of any kind by whatever name denominated shall be made by a pawnbroker except as set out in this subsection.  No fee or charge provided for in this Code section may be imposed unless a disclosure regarding that fee or charge has been properly made as provided for.  Any interest, fees, or charges collected which are undisclosed, improperly disclosed, or in excess of that allowed by this subsection may be recovered by the pledgor or seller in an action at law in any superior court of appropriate jurisdiction.  In any such action in which the pledgor or seller prevails, the court shall also award reasonable attorneys� fees, court costs, and any expenses of litigation to the pledgor or seller. The court may award punitive damages to the pledgor or seller if appropriate.  Before filing an action under this Code section, the pledgor or seller shall provide the pawnbroker with a written notice by certified mail or statutory overnight delivery, return receipt requested, that such an action is contemplated, identifying any fees or charges which the pledgor or seller contends are undisclosed, improperly disclosed, or in excess of the fees and charges allowed by this Code section. No action shall be brought under this Code section more than two years after the pledgor or seller knew or should have known of the excess, undisclosed, or improperly disclosed charges or more than two years after the conclusion of the pawn transaction, whichever is later.  Any interest, charge, or fees contracted for or received, directly or indirectly, in excess of the amounts permitted under this Code section shall be uncollectible and the pawn transaction shall be void. All interest and the pawnshop charge allowed under this Code section shall be deemed earned, due, and owing as of the date of the pawn transaction and a like sum shall be deemed earned, due, and owing on the same day of the succeeding month.  Every broker shall maintain a permanent record book in which shall be entered in legible English at the time of each loan, purchase, or sale a statement as to whether the transaction was a pawn transaction or a title pawn transaction.  Any broker, clerk, agent, or employee who shall fail to make enter in the permanent record, make false entry, falsify or destroy the record, refuse to allow inspection of the record, fail to maintain the record for four years, accept property form a person under 18, make an agreement that waives any part of this Code section, or fails to return goods upon conviction for the first offense shall be guilty of a misdemeanor and of a misdemeanor of a high and aggravated nature upon conviction for the second and any subsequent offenses.  The failure of any pawnbroker to do anything required of him or her under this part or the act of doing anything prohibited under this part shall cause the broker, upon first conviction, to be guilty of a misdemeanor punishable by a fine not to exceed $500 or by 12 months imprisonment, or both.  Upon a second or subsequent conviction shall be guilty of a misdemeanor of a high and aggravated nature.  


Bill Summary from the State Site - Click for the State Summary Page / Click for Current Full Text