Title 44, Chapter 14, Section 403
( 44-14-403)
(a) A pawnbroker shall have a lien on the pledged goods pawned for
the money advanced, interest, and pawnshop charge owed but not for
other debts due to him. He may retain possession of the pledged
goods until his lien is satisfied and may have a right of action
against anyone interfering therewith. (b)(1) There shall be a grace period on all pawn transactions. On
pawn transactions involving motor vehicles or motor vehicle
certificates of title, the grace period shall be 30 calendar days;
on all other pawn transactions the grace period shall be ten
calendar days. In the event that the last day of the grace period
falls on a day in which the pawnbroker is not open for business,
the grace period shall be extended through the first day following
upon which the pawnbroker is open for business. The pawnbroker
shall not sell the pledged goods during the grace period. (2) By agreement of the parties, the maturity date of the pawn transaction may be extended or continued for 30 day periods, provided that the interest rates and charges as specified in Code Section 44-12-131 are not exceeded. The grace period shall begin running on the first day following the maturity date of the pawn transaction or on the first day following the expiration of any extension or continuation of the pawn transaction, whichever occurs later. All extensions or continuations of the pawn transaction shall be evidenced in writing. (3) Pledged goods may be redeemed by the pledgor or seller within
the grace period by the payment of any unpaid accrued fees and
charges, the repayment of the principal, and the payment of an
additional interest charge not to exceed 12.5 percent of the
principal. Pledged goods not redeemed within the grace period
shall be automatically forfeited to the pawnbroker by operation of
this Code section, and any ownership interest of the pledgor or
seller shall automatically be extinguished as regards the pledged
item. (4) Any attempt to circumvent the interest rates and charges as specified in Code Section 44-12-131 shall be null and void. A pawn transaction shall be considered to have been extended or continued unless: (A) All charges, fees, and the principal have actually been paid
or repaid on the previous pawn transaction; (B) The pledged goods in the previous transaction, including but
not limited to a motor vehicle certificate of title, have
actually been restored to the possession of the pledgor or
seller; and (C) The pledged goods in the previous transaction have been
removed from the business premises of the pawnbroker and, in the
case of a motor vehicle certificate of title, any lien on the
motor vehicle certificate of title has been removed or released. |