reglab/housing_qa huggingface dataset:
IN Code § 28-7-5-11 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-11. License Renewal; Application; Fees

Sec. 11. (a) To remain in force, a license must be renewed not later than December 31 of each year, beginning with the year following the date of issuance. A licensee may renew a license issued under this chapter by filing a renewal application prescribed by the director. The department shall prescribe the form of the renewal application. To be accepted for processing, a renewal application must be accompanied by:(1) the license renewal fee fixed by the department under IC 28-11-3-5; and(2) all other information and documents requested by the director.(b) The department may fix a daily late fee under IC 28-11-3-5 for a:(1) renewal application; or(2) license renewal fee;that is received by the department after December 31.Formerly: Acts 1935, c.195, s.11. As amended by P.L.263-1985, SEC.188; P.L.14-1992, SEC.139; P.L.42-1993, SEC.76; P.L.45-1995, SEC.27; P.L.35-2010, SEC.174; P.L.89-2011, SEC.53; P.L.69-2018, SEC.59.
IN Code § 28-7-5-13.1 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-13.1. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License

Sec. 13.1. (a) A license issued by the department under this chapter may be revoked or suspended by the department if the licensee fails to:(1) file any renewal form required by the department; or(2) pay any license renewal fee described under section 11 of this chapter;not later than sixty (60) days after the due date.(b) A person whose license is revoked or suspended under this section may:(1) pay all delinquent fees and apply for reinstatement of the person's license; or(2) appeal the revocation or suspension to the department for an administrative review under IC 4-21.5-3.Pending the decision resulting from a hearing under IC 4-21.5-3 concerning a license revocation or suspension, the license remains in force.As added by P.L.176-1996, SEC.23. Amended by P.L.10-2006, SEC.44 and P.L.57-2006, SEC.44; P.L.89-2011, SEC.54.
IN Code § 28-7-5-15 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-15. Investigatory and Enforcement Authority; Costs of Investigation; Voided Loans

Sec. 15. (a) For the purpose of discovering violations of this chapter and securing information necessary for the enforcement of this chapter, the department may investigate:(1) any licensee; or(2) any person that it suspects to be operating without a license or in violation of this chapter.The department has all investigatory and enforcement authority under IC 28-11 for financial institutions. If the department conducts an investigation under this section, the licensee or person investigated shall pay all reasonably incurred costs of the investigation in accordance with the fee schedule adopted under IC 28-11-3-5.(b) If a person knowingly makes a pawn loan without the license required by section 3 of this chapter, the loan made in violation of this chapter is void and the debtor is not obligated to pay the principal amount of the loan, any finance charge on the loan, or any additional fee under section 28.5 of this chapter. The debtor, or the department on behalf of the debtor, may recover any amount paid to the person who knowingly violated section 3 of this chapter.Formerly: Acts 1935, c.195, s.15. As amended by P.L.263-1985, SEC.191; P.L.14-1992, SEC.141; P.L.42-1993, SEC.77; P.L.172-1997, SEC.19; P.L.10-2006, SEC.45 and P.L.57-2006, SEC.45.
IN Code § 28-7-5-15.1 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-15.1. Applicability of Law Governing Administrative Orders and Procedures; Venue

Sec. 15.1. Except as otherwise provided, IC 4-21.5 applies to and governs all agency action taken by the department under this chapter. A proceeding for administrative review under IC 4-21.5-3 or judicial review under IC 4-21.5-5 must be held in Marion County.As added by P.L.35-2010, SEC.175.
IN Code § 28-7-5-17 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-17. Report; Late Fee

Sec. 17. Each licensee shall file a report as requested by the director, but not more frequently than annually, giving any relevant information the department may reasonably require concerning the business and operations of each licensed place of business conducted by the licensee within the state. The report must be in the form prescribed by the director. The department may impose a fee established under IC 28-11-3-5 for each day the report is delinquent.Formerly: Acts 1935, c.195, s.17. As amended by P.L.14-1992, SEC.143; P.L.45-1995, SEC.29; P.L.172-1997, SEC.20; P.L.90-2008, SEC.53.
IN Code § 28-7-5-19 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-19. Loan Record Requisites; Data Recording Methods

Sec. 19. (a) Every pawnbroker shall keep a record in ink that must include the following:(1) The name, date of birth, and address of the pledger, or where the pledge is made by a person acting as agent for a disclosed principal, the names, dates of birth, and addresses of principal and agent.(2) The date of the transaction.(3) The amount of the loan.(4) The article or articles pledged, and a description of the articles. However, if multiple articles of a similar nature that do not contain an identification or serial number (such as precious metals, gemstones, musical recordings, video recordings, books, or hand tools) are delivered together in one (1) transaction, the description of the articles is adequate if the description contains the quantity of the articles delivered and a physical description of the type of articles delivered, including any other unique identifying marks, numbers, names, letters, or special features.(5) The serial number of the loan.(6) The date on which each loan was paid in full, renewed, or unredeemed.(7) An itemization of principal, interest, and additional fees collected.(8) An itemization of fees authorized under IC 28-7-5-25.(9) The total of all charges collected.(10) The type of government issued identification used to verify the identity of the seller, together with the name of the governmental agency that issued the identification, and the identification number present on the government issued identification.(b) Other methods of recording data, such as electronic or computerized methods, may be used provided written printouts or hard copies of the required data are readily available. The record keeping system of a licensee shall be made available in Indiana for examination. The department shall determine the sufficiency of the records and whether the licensee has made the required information reasonably available.Formerly: Acts 1935, c.195, s.19. As amended by P.L.14-1992, SEC.144; P.L.42-1993, SEC.79; P.L.80-1998, SEC.16; P.L.163-2001, SEC.3.
IN Code § 28-7-5-20 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-20. Signature and Thumbprint of Pledger; Electronic Record

Sec. 20. The pawnbroker shall at the time of making a loan or purchase require the signature and right thumbprint of the pledger on all pawn tickets, bills of sale, or ledger cards retained by the licensee. If the person is unable to write, the person shall sign by mark. In such event, the pawnbroker shall record on the signature card such information as will enable the pawnbroker to identify the person in case of the loss of the ticket. If the person does not have a right thumb, any other existing finger may be used. However, a clear print must be obtained. A pawnbroker that maintains an electronic record of a thumbprint obtained under this section satisfies the record keeping requirement of this section if the electronic record is capable of being reproduced.Formerly: Acts 1935, c.195, s.20. As amended by P.L.263-1985, SEC.193; P.L.14-1992, SEC.145; P.L.45-1995, SEC.30; P.L.129-2020, SEC.18.
IN Code § 28-7-5-21 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-21. Pawn Ticket; Duty of Reasonable Care in Safekeeping of Articles

Sec. 21. (a) The pawnbroker shall, at the time of making a loan, deliver to the pledger or the pledger's agent a memorandum or ticket on which shall be legibly written or printed the following information:(1) The name of the pledger.(2) The name of the pawnbroker and the place where the pledge is made.(3) The article or articles pledged, and a description of the articles. However, if multiple articles of a similar nature that do not contain an identification or serial number (such as precious metals, gemstones, musical recordings, video recordings, books, or hand tools) are delivered together in one (1) transaction, the description of the articles is adequate if the description contains the quantity of the articles delivered and a physical description of the type of articles delivered, including any other unique identifying marks, numbers, names, letters, or special features.(4) The amount of the loan.(5) The date of the transaction.(6) The serial number of the loan.(7) The sum of the interest as provided in section 28 of this chapter and the charge as provided in section 28.5 of this chapter stated as an annual percentage rate computed in accordance with the Consumer Credit Protection Act (as defined in IC 24-4.5-1-302) and with regulations adopted under that act.(8) The amount of interest.(9) The amount of charge and principal due at maturity.(10) A copy of sections 28, 28.5, and 30 of this chapter.(11) The date of birth of the pledger.(12) The type of government issued identification used to verify the identity of the pledger, together with the name of the governmental agency that issued the identification, and the identification number present on the government issued identification.(13) The last date on which the pledged article or articles may be redeemed before the article or articles may be sold if the loan is not redeemed, renewed, or extended. The language setting forth the information described in this subdivision must be in 14 point boldface type.(14) A statement that:(A) notifies the pledger that the pawnbroking transaction is regulated by the department; and(B) includes a toll free telephone number for the department.(b) A pawnbroker may insert in such ticket any other terms and conditions not inconsistent with this chapter. However, nothing appearing on a pawn ticket shall relieve the pawnbroker of the obligations to exercise reasonable care in the safekeeping of articles pledged with the pawnbroker.Formerly: Acts 1935, c.195, s.21. As amended by P.L.263-1985, SEC.194; P.L.14-1992, SEC.146; P.L.45-1995, SEC.31; P.L.80-1998, SEC.17; P.L.163-2001, SEC.4; P.L.10-2006, SEC.47 and P.L.57-2006, SEC.47; P.L.213-2007, SEC.73; P.L.217-2007, SEC.71; P.L.159-2017, SEC.41.
IN Code § 28-7-5-21.5 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-21.5. Required Disclosure of Information

Sec. 21.5. A pawnbroker is required to disclose to a debtor in a pawn transaction the information required by the Consumer Credit Protection Act (15 U.S.C. 1601 et seq.) and by regulations adopted under that act.As added by P.L.172-1997, SEC.21. Amended by P.L.80-1998, SEC.18; P.L.159-2017, SEC.42.
IN Code § 28-7-5-22 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-22. Presumptive Right of Ticket Holder to Redeem; Compliance With Local Ordinance or Law Concerning Pledge Retention

Sec. 22. (a) The holder of a ticket described in section 21 of this chapter shall be presumed to be the person entitled to redeem the pledge, and, except as provided in subsection (b), the pawnbroker shall deliver the pledge to the person presenting the ticket, upon payment of principal, interest and charge.(b) If a local ordinance or other law requires the retention of the pledge for a specific period of time, the pawnbroker shall comply with the local ordinance or other law if the retention period does not exceed ten (10) days.Formerly: Acts 1935, c.195, s.22. As amended by P.L.14-1992, SEC.147; P.L.35-2010, SEC.177.
IN Code § 28-7-5-23 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-23. Redemption by Mail; Compliance With Local Ordinance or Law Concerning Pledge Retention

Sec. 23. (a) Except as provided in subsection (b), when a ticket, instead of being presented in person, is sent to the pawnbroker by mail, accompanied with a money order for the total amount due and a reasonable fee for shipping and handling, the pawnbroker may securely pack and forward the pledge to the pledger in accordance with the remitter's instructions. If the remittance is insufficient to cover the amount due, the pawnbroker shall either notify the remitter of the amount of the deficiency or send the pledge subject to the payment of shipping charges by the consignee. The pawnbroker's liability for the pledge shall cease upon delivery of the pledge to the carrier or his agent.(b) If a local ordinance or other law requires the retention of the pledge for a specific period, the pawnbroker shall comply with the local ordinance or other law if the retention period does not exceed ten (10) days.Formerly: Acts 1935, c.195, s.23. As amended by P.L.14-1992, SEC.148; P.L.35-2010, SEC.178.
IN Code § 28-7-5-24 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-24. Partial Payment Before Maturity

Sec. 24. Upon the pledger's:(1) presentation of the pawn ticket before maturity of the underlying loan;(2) payment of accrued interest and any authorized additional charge; and(3) tender of not less than one dollar ($1) of the principal balance;the pawnbroker shall accept the items set forth in subdivisions (1) through (3), showing due credit of principal payment on the pawn ticket, together with the amount of unpaid principal balance, or issue a new ticket for the reduced amount. Future interest charges and any authorized additional charge shall be computed on the unpaid principal balance.Formerly: Acts 1935, c.195, s.24. As amended by P.L.159-2017, SEC.43.
IN Code § 28-7-5-25 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-25. Loss, Destruction, or Theft of Pawn Ticket

Sec. 25. If a ticket is lost, destroyed, or stolen, the pledger shall so notify the pawnbroker in writing. Before delivering the collateral or issuing a new ticket, the pawnbroker shall require the pledger to make affidavit of the alleged loss, destruction, or theft of the ticket. Upon receipt of such affidavit, the pawnbroker shall permit the pledger either to redeem the loan or to receive a new ticket upon the payment of accrued interest and charges, and the pawnbroker shall incur no liability for so doing, unless the pawnbroker had previously received written notice of any adverse claim. The pawnbroker may collect a fee of three dollars ($3) for reissuing the pawn ticket or affecting the affidavit along with the current lawful charge for notary fee.Formerly: Acts 1935, c.195, s.25. As amended by P.L.14-1992, SEC.149.
IN Code § 28-7-5-26 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-26. Alteration of Pawn Ticket; Effect

Sec. 26. The alteration of a ticket shall not excuse the pawnbroker who issued it from liability to deliver the pledge according to the terms of the ticket as originally issued, but shall relieve the pawnbroker of any other liability to the pledger or holder of the ticket.Formerly: Acts 1935, c.195, s.25a. As amended by P.L.14-1992, SEC.150.
IN Code § 28-7-5-28 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-28. Rate of Interest; Calculation for Partial Month; Minimum Term; Reduction in Advance; Penalty for Excessive or Unauthorized Interest or Charges

Sec. 28. (a) The maximum rate of interest charged by pawnbrokers shall be the same as the maximum loan finance charge for supervised lenders under IC 24-4.5-3-508(2). For purposes of this subsection:(1) the term of a loan commences on the date on which the loan is made;(2) differences in lengths of months are disregarded; and(3) each day is counted as one-thirtieth (1/30) of a month.The minimum term of a loan made by a pawnbroker is one (1) month. However, on loans paid in full within the first month, the pawnbroker may charge one (1) month's interest.(b) Interest shall not be deducted in advance, neither shall the pawnbroker induce or permit any borrower to split up or divide any loan or loans for the purpose of evading any provisions of this chapter.(c) If a pawnbroker charges or receives interest in excess of that provided in this section, or makes any charges not authorized by this chapter, the pawnbroker shall forfeit principal and interest and return the pledge upon demand of the pledger and surrender of the pawn ticket without the principal or interest. If such excessive or unauthorized charges have been paid by the pledger, the pledger may recover the same, including the principal if paid, in a civil action against the pawnbroker.Formerly: Acts 1935, c.195, s.27; Acts 1969, c.287, s.1; Acts 1971, P.L.402, SEC.1. As amended by Acts 1981, P.L.259, SEC.1; P.L.272-1983, SEC.1; P.L.14-1992, SEC.151; P.L.42-1993, SEC.80; P.L.258-2003, SEC.12.
IN Code § 28-7-5-28.5 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-28.5. Additional Charge; Servicing Fee

Sec. 28.5. (a) Except as provided in subsection (b), in addition to the loan finance charge authorized by section 28 of this chapter, a pawnbroker may charge, contract for, and receive a fee not to exceed one-fifth (1/5) of the principal amount of the loan per month or any fractional part of a month for servicing the pledge that may include investigating the title, storing, providing security, appraisal, handling, making daily reports to local law enforcement officers, and for other expenses and costs associated with servicing the pledge. The fee for each month after the second month of the loan transaction is limited to one-thirtieth (1/30) of the monthly fee for each day the loan is outstanding. Such a charge when made and collected is not interest and is not a rate under IC 35-45-7-1.(b) If a loan is renewed or extended, the monthly fee authorized by subsection (a) accrues at a rate of one-thirtieth (1/30) of the monthly fee each day:(1) beginning upon the expiration of two (2) months after the original date of the loan; and(2) continuing through and including the day a pledger redeems the pledge.As added by P.L.14-1992, SEC.152. Amended by P.L.42-1993, SEC.81; P.L.63-2001, SEC.19; P.L.134-2001, SEC.21; and P.L.163-2001, SEC.5; P.L.258-2003, SEC.13.
IN Code § 28-7-5-29 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-29. Liability for Loss to Pledger; Due Care

Sec. 29. A pawnbroker shall be liable for the loss of a pledge resulting from the pawnbroker's failure to exercise reasonable care in regard to it, but the pawnbroker shall not be liable for the loss of a pledge which could not have been avoided by the exercise of reasonable care. The burden of proof to establish due care shall be upon the pawnbroker.Formerly: Acts 1935, c.195, s.28. As amended by P.L.14-1992, SEC.153.
IN Code § 28-7-5-29.5 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-29.5. Waiver of Rights Not Permitted

Sec. 29.5. A debtor may not waive or agree to forego any rights or benefits under this chapter.As added by P.L.172-1997, SEC.22.
IN Code § 28-7-5-30 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-30. Two Month Redemption Period; Public Access Prohibited; Unredeemed Property Subject to Sale

Sec. 30. (a) Subject to subsections (b) and (c), upon the expiration of two (2) months from the maturity of the loan, a pawned article becomes the property of the pawnbroker and is subject to sale.(b) Subsection (a) applies only if the pledger is given a reasonable opportunity during:(1) the term of the loan; and(2) the two (2) month period described in subsection (a);to repay the loan and redeem the pawned article.(c) During the term of the loan and the two (2) month period described in subsection (a), the pawnbroker may not allow the public to have access to the pawned article.Formerly: Acts 1935, c.195, s.29. As amended by P.L.271-1985, SEC.1; P.L.14-1992, SEC.154; P.L.80-1998, SEC.19; P.L.163-2001, SEC.6; P.L.258-2003, SEC.14; P.L.10-2006, SEC.48 and P.L.57-2006, SEC.48; P.L.213-2007, SEC.74; P.L.217-2007, SEC.72; P.L.27-2012, SEC.98; P.L.216-2013, SEC.38.
IN Code § 28-7-5-33 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-33. Lien

Sec. 33. A pawnbroker has a first lien on all pledges for the amount of his loan, interest, and charges except:(1) when the property that constitutes the pledge is stolen (IC 35-43-4-2) or converted (IC 35-43-4-3) property; or(2) where a prior lien exists under another statute.Formerly: Acts 1935, c.195, s.32. As amended by P.L.272-1983, SEC.2.
IN Code § 28-7-5-34 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-34. Delivery of Pledge; Necessity of Surrender of Pawn Ticket

Sec. 34. A pawnbroker shall not be required to deliver a pledge except upon surrender of the ticket, unless the ticket be impounded or its negotiation enjoined by a court.Formerly: Acts 1935, c.195, s.33. As amended by P.L.263-1985, SEC.195; P.L.14-1992, SEC.155.
IN Code § 28-7-5-35 (2021)
2021 Indiana Code|Title 28. Financial Institutions|Article 7. Specialized Financial Institutions|Chapter 5. Pawnbrokers|28-7-5-35. Conflicting Claims; Sale of Pledge Subject to Adjudication

Sec. 35. If more than one (1) person shall claim the right to redeem a pledge, the pawnbroker shall incur no liability for refusing to deliver the pledge until the respective rights of the claimants shall have been adjudicated. If no action be brought against the pawnbroker by either party within the period for which the pawnbroker is required under section 30 of this chapter to hold the pledge, or within one (1) month after notice of an adverse claim, the pawnbroker may proceed to sell the pledge subject to adjudication of the parties' rights.Formerly: Acts 1935, c.195, s.34. As amended by P.L.263-1985, SEC.196; P.L.14-1992, SEC.156; P.L.258-2003, SEC.15.