!!!ADVISE NEEDED!!!

[bbsde2528]

Let me start by sayin I already feel like the worst parent ever so no negativity needed!! I pawned my 12yr old's gun, it's a 20g with a break over 22. This is a gun his dad bought him shortly before his passing so no it's not just any gun n yeah I'm devastated! I called towards the end of oct n was told it wasn't due till the end of nov BUT nov 3rd I called again n was informed it's been pulled the end of oct n sold cause the due date was oct 30. I'm devastated to say the least. My niece went n talked to them regarding the situation and she was told tht yes it was done on Nov 3rd BUT shouldn't had been pulled or sold at all yet cause of a 10 day grace period n he was gonna look into it n get in touch with me. Well now all they say is yes it was wrongfully pulled and sold but he don't know why nor can he do anything about it. My question is so sense it was all done wrongfully can I report it stolen then??

 

[Texas42]

Look, I'm no lawyer, which is what you need. I'd work with the pawn shop and see if they can work with you, but I'd call the gun gone.

You'd need to look at the paperwork you signed. I suspect the 10 day grace period is not contractually binding. You'd also would need to know the state law. Again, if your contract was violated, you could try and make them help you, or sue them. But frankly, the gun is gone. I'm not aware of any legal mechanism for them to re-acquire the firearm other than calling the new owner and asking them to either return it or contact you to buy it from him.

It's sad, and I'm sorry for you. It can be replaced. You are obviously broke. You might ask your local church and see if a lawyer would be willing to draft a letter from them if your rights were violated to try and push them to doing something for free.

I'd also take a look in the mirror and see what got you here. You obviously are in serious financial strain, otherwise you wouldn't of pawned you son's gun. You either have an income problem, and/or an uncontrolled spending problem. Again I'm sorry you are in this situation, but you can keep this from happening again.

 

[txinvestigator]

It is not stolen. It is a civil matter.

 

[vmax]

Its gone. Face up to it.

 

[Dawico]

Sucky situation but sometimes you are the bug and sometimes you are the windshield.

 

[Wildcat Diva]

Sometimes things don’t work out the way you know they should. People make bad decisions and mistakes, including me, and including you, and including the pawn employees.

You can keep pushing the issue and maybe they can do something, but I would emotionally let go of the hope you’ll get the particular gun back. It’s a thing and though it’s special can be replaced someday.

It’s hard enough making ends meet without his dad probably, don’t be too hard on yourself considering the situation. Bad things happen, and though this hurts a lot, consider this a small bad thing in the overall frame of things.

Welcome to the forum.

 

[Darkpriest667]

The gun is likely gone. You did what you had to do to make ends meet.

 

[bbsde2528]

Thxs for y'alls encouraging words. The only reason it went to pawn to start with is cause I decided to move into somewhere tht was cheaper monthly only to find out the landlord was so shady he evicted us for the next month for being a day late on rent. Verbally it was due the third lease wise it was for the first, no proof of verbal no way to fight it. Then with further investigation he has multiple law suits against him from past renters due to the same thing, but karma will get him!!!

 

[txinvestigator]

Just wow

 

[Dred]

A few pieces of advice.

1. Apologize to your son. And explain how your actions were necessary to keep the roof over your head. Talk with him about how you guys can work together to improve your circumstances.
2. You need an attorney. In Texas it is not legal to evict a tenant without the courts involvement. The courts do not operate fast enough to settle an eviction the day after rent was due and you have a right to be represented in the court proceedings. The cops would have forced the landlord to let you back into your place pending proper adjudication had you involved them at that time. The nearest major municipality will have some way to assist you with the legal issues.
3. Sit down with your son and write a very short letter to the guns new owner. Explain your circumstance; explain your son's circumstance; make sure to explain that the rifle was a gift from his late father. IMO, none of the timing details or the grace period, or the verbal notice that payment was not due until November matter to this letter. Own your mistake - Texas Pawnbrokers must provide the details of the contracts they enter into, so you were given sufficient notice of the pawn terms - own it. It is ok to make mistakes. Your challenge is to convince the pawn broker to send the note you write with your son to the rifles current owner. If he's one of us - you have a good chance of getting an opportunity to buy it back. Fair warning ... the pawn broker almost certainly got much more for the rifle than you owed and it will probably cost you at least what the buyer paid.

 

[bbsde2528]

Great news today, not holdin my breath but I may have got lucky. I decided to go talk to the manager myself, he pulled up the ticket number n it's showing pulled but not sold. Apparently it was sent with another shipment of guns to Waco I believe he said. He called the place, whomever he spoke with didn't see the gun n said it's in the owners office (which is a great thing) & he was not there at the time. Course I only heard one side of the conversation but I did hear the manager state tht they are trying to get the gun back here to the shop. He took all my info, told me they'd call me direct and was pretty confident on it being returned to me! Keepin my fingers crossed for sure!

 

[jrbfishn]

If so, you got extremely lucky. Hope it works out.

Sent from my SAMSUNG-SM-G870A using Tapatalk

 

[bbsde2528]

If so, you got extremely lucky. Hope it works out.

Sent from my SAMSUNG-SM-G870A using Tapatalk

Thank u

 

[Dawico]

Good news for sure. Hope it works out for you.

 

[TheDan]

3. Sit down with your son and write a very short letter to the guns new owner. Explain your circumstance; explain your son's circumstance; make sure to explain that the rifle was a gift from his late father. IMO, none of the timing details or the grace period, or the verbal notice that payment was not due until November matter to this letter. Own your mistake

...and please have someone else proof read and edit it before sending.

 

[AustinN4]

...and please have someone else proof read and edit it before sending.

Bad mood this morning? She is probably stressed enough without that.

 

[TheDan]

Bad mood this morning? She is probably stressed enough without that.

Regardless it's good advise!

 

[AustinN4]

Regardless it's good advise!

The word is advice. She gets a pass, you don't.

 

[TheDan]

The word is advice. She gets a pass, you don't.

 

[bbsde2528]

View attachment 125123