(CAPTION)
STATEMENT OF CLAIM FOR
RETURN OF PROPERTY FROM PAWNBROKER
Plaintiff, __________________, sues defendant/pawnbroker, __________________, and alleges:
1. This is an action for the return of stolen or misappropriated property pursuant to section 539.001, Florida Statutes.
2. Plaintiff is the owner of the following described property: __________________________________________________
____________________________________________________________________________________________________________________
3. The above-described property was stolen or otherwise misappropriated from plaintiff on or about the ____ day of __________, 20___. A copy of the law enforcement report outlining the theft/misappropriation is attached hereto and incorporated into this statement of claim.
4. The above-described property is currently in the possession of defendant and is located at a pawnshop as defined in section 539.001, Florida Statutes, the address of which is __________________________________________________.
5. Plaintiff has complied with the procedural requirements of section 539.001, Florida Statutes. Specifically, plaintiff notified the pawnbroker of plaintiff’s claim to the property:
_____ by certified mail, return receipt requested, OR
_____ in person evidenced by a signed receipt.
The notice contains a complete and accurate description of the purchased or pledged goods and was accompanied by a legible copy of the aforementioned police report regarding the theft or misappropriation of the property. No resolution between plaintiff and defendant pawnbroker could be reached within 10 days after the delivery of the notice.
WHEREFORE, the plaintiff demands judgment for the return of the property. Plaintiff further asks this court to award plaintiff the costs of this action, including reasonable attorneys’ fees.
______________________________
Plaintiff (signature)
Name: _________________________
Address: _______________________
City, State, Zip code: _________
Day telephone number: __________
State of Florida
County of ____________________
The foregoing instrument was acknowledged before me on .....(date)....., by __________________, who is personally known to me or has produced __________________ as identification and who ( ) did ( ) did not take an oath.
WITNESS my hand and official seal, on .....(date)......
_______________________
Notary Public
State of Florida
Note to Clerk of Court and to Sheriff: Pursuant to Section 539.001(15), filing fees and service fees shall be waived. Waiver does not require the filing of an affidavit of insolvency.
This is a highly specific "Statement of Claim" form used only for lawsuits against a pawnbroker to recover stolen property. Before filing this form, the plaintiff must have already provided the pawnbroker with written notice and a copy of the police report. The form requires the plaintiff to describe the property and attach the police report. Importantly, the note at the bottom clarifies that the standard court filing fees and sheriff's service fees are waived for this specific type of action.
