§ 141.38. Pawn loans, period, notice and sale.
227 words·~1 min read·
/us/cfr/t25/s§ 141.38·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The proceeds of all loans secured by pawn and for which a finance charge is imposed shall be paid only in cash or with a fully negotiable check.
(b)The period of all such loans shall be no less than twelve
(12)months, subject to the provisions of paragraph (c).
(c)Thirty
(30)days prior to the end of the loan period the pledgee may make a declaration of intention to proceed with sale of the pawned item by sending notice of intent to the pledgor.
(d)The notice required in paragraph
(c)of this section shall be sent to the pledgor and proof of delivery obtained and shall contain a description of the item pawned, a statement of the principal and finance charge owed, a statement of the intention to sell, the date of the sale, and the procedure for redemption.
(e)Nothing in this section requires the business owner to proceed with notice and sale if the business owner desires to hold the pawn for a period longer than the loan period stated in the original agreement.
(f)Unless notice is given under paragraph
(c)of this section, or the loan is refinanced under the provisions of § 141.41, no finance charge may be imposed for the time the loan remains unpaid after the end of the loan period stated on the pawn ticket.