What are my rights regarding a pawned item that was accidently sold?

I pawned a gun and then I paid the pawn off. The pawn shop owner told me I had to have a license to take the gun but I could leave it there for as long as I needed to and he wouldn’t sell it. I called every so often to check on it. I had moved out of state and it was 2 years before I could go and get the gun. Apparently, they accidentally sold it last month. The gun was in mint condition and fairly expensive and they don’t want to replace it or pay the money. Do I have any grounds to stand on?

Asked on February 5, 2013 under Business Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Since they had assumed responsibility for taking care of the gun, but did not have a basis for selling the gun, they are liable for either facilitating the return of  the gun or reimbursing you for the value of the gun.  You can file a suit in a small claims court to obtain reimbursement for the value of your loss and the costs of filing suit.

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