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Victimized twice: Buying back stolen items

Posted at 11:33 PM, Mar 04, 2016
and last updated 2016-03-04 23:33:59-05

Looking back at photos from the past brings into focus the pain Linda Andia feels today.

"It's not like my life was taken, but it feels like my life was taken. Part of my life was just erased. I'll never get it back," Andia explained.

Andia flashes back to that pivotal day.

"I didn't really want to move so everything was a blur," Andia explained.

Days after moving, it became clear jewelry was missing.

"I saw some empty boxes of jewelry. I said that's strange. I wouldn't have my jewelry boxes in there. Then I went to where I would have normally kept my jewelry hidden and it was gone," explained Andia.

Remembering each piece of stolen jewelry means digging through old photos.

"That's those gold earrings," Andia said as she spotted them in a photo.

She looks for clues police can use to track down the items.

"Looks like my diamond heart," Andia said.

When that break came for Andia, it just led to more heartbreak.

"My mother's engagement ring was found, which I'm trying to get back from the pawn shop, but they're saying I have to pay for it," Andia said.

You heard her right. Pay to get her items back.

"I mean I own it. I should get it back," Andia said.

"We are just trying to run a business like anyone else," explained Josh Davis of GCPawn.com.

Davis is a third generation pawn broker. He said stolen items make up a fraction of a pawn shop's items. Less than half of one percent nationally.

"They do need to make us whole because we did not commit the crime. We help them retrieve their merchandise," Davis said.

Pawn shops say they don't want your stolen items. That's why they track everything. They require a drivers license, signature,  thumbprint, and everything is caught on camera.

"Often we are able to give video footage of the transaction to police so they know exactly who was here," said Davis.

And that's what happened in Andia's case.

"I was numb. I'm numb about the whole situation," Andia said.

Police say the thief pawned the jewelry at a different pawn shop. Andia can get her items back for free under Florida law, but there's a catch.

It's called replevin. You need to notify the pawnbroker by certified mail or in person with a signed receipt. You need to include a description of the items and a report from law enforcement. You have ten days to resolve the issue. If that doesn't happen, you can petition the court to order your property be returned. Service and filing fees are waived.

If you win, the pawnbroker has to pay the costs associated with replevin. The pawnbroker then becomes the victim for restitution if there is a criminal case.

Click here for more details on replevin.

"Did anyone explain that you can get it back for free?" Strathman asked.

"No. I wasn't told," Andia said.

Davis said replevin does work. However, State Attorney Dave Aronberg says victims don't always find out in time.

"By the time they try to get them back the goods are either gone or they have to pay which is really insulting and victimized them a second time," said Aronberg.

Aronberg thinks police should warn victims of the deadlines and the process to get their items back for free. He's pushing lawmakers to make this change.

"Information is power," explained Aronberg. "Right now there is no standard form given to victims. There is no standard timing deadline. It depends on when they get the information if they could ever get their stuff back."

In other states, victims don't ever have to pay.

"Right now our laws favor pawn brokers over victims of crime," explained State Attorney Dave Aronberg.

The Florida Pawnbrokers Association doesn't oppose this push by Aronberg. The burden would be on the police to inform victims.

"The detectives can and should work with the victims in terms of getting their money back," Davis said.

Andia never paid the money to get her mom's ring back. She was too upset that the majority of her jewelry is still missing.

"I would love to leave something to my daughter. I have nothing to leave her," Andia said.

While nothing can ever replace lost family heirlooms, here's simple ways to make sure you're partially made whole if they're stolen.

Take pictures of your jewelry. Insure it.

Pawn shops say jewelry is tough because you can only describe it. It's easier to track down TVs and items that have serial numbers. Write those down in a safe place just in case the unexpected happens.

We'll keep you updated on the status of this push to make sure you're not victimized twice.

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