If the pawn ticket or memorandum is lost, destroyed or stolen, the pledgor shall so notify the pawnbroker in writing. The pawnbroker shall treat receipt of such notice as a stop against the pledge loan, and thereafter the provisions of ORS 726.310 and 726.320 shall not apply to such pledge loan. Before delivering the pledge or issuing a new pawn ticket in such event, the pawnbroker may require the pledgor to make an affidavit of the alleged loss, destruction or theft of the ticket. Not more than five days after receiving notice of the loss of the ticket, the pawnbroker shall permit the pledgor either to redeem the pledge or to receive a new ticket upon the payment of accrued interest, and the pawnbroker shall incur no liability for so doing unless the pawnbroker has previously received written notice of an adverse claim. This section does not limit or affect the pawnbroker’s legal liability in cases where goods are stolen or other legal defects of title exist in the pledgor. [Amended by 2007 c.360 §8]
Section: Previous 726.280 726.285 726.290 726.300 726.310 726.320 726.330 726.340 726.350 726.360 726.370 726.380 726.390 726.395 726.400 NextLast modified: August 7, 2008