Ark. Code § 18-27-304

Current with legislation from 2024 Fiscal and Special Sessions.

Section 18-27-304 - Notice concerning recovery of personal property and identifiable stolen personal property

(a) Once an owner requests the return of stolen property, a dealer shall deliver a written notice as to the owner's rights.

(b) The written notice required by subsection (a) of this section shall be written in bold letters that are each at least 12-point type and read as follows:

"NOTICE CONCERNING STOLEN PROPERTY

PLEASE TAKE NOTICE THAT THE RIGHTFUL OWNER MAY ASK A DEALER IN SECONDHAND GOODS ("DEALER") TO RETURN STOLEN PROPERTY BY SHOWING PROOF OF OWNERSHIP OF THE PROPERTY AND SIGNING AN AFFIDAVIT AS TO OWNERSHIP, INDEMNIFYING AND HOLDING THE DEALER HARMLESS FROM LOSS ("AFFIDAVIT"). THE AFFIDAVIT MUST RELATE TO IDENTIFIABLE STOLEN PERSONAL PROPERTY AND BE IN THE FORM BELOW OR ATTACHED TO THIS NOTICE. AFTER DELIVERY OF THE AFFIDAVIT TO THE DEALER AND THE RELEASE OF ANY PROPERTY HOLD PLACED ON THE PROPERTY BY A LAW ENFORCEMENT AGENCY, THE DEALER HAS SEVEN (7) DAYS TO EITHER RELINQUISH THE IDENTIFIABLE STOLEN PERSONAL PROPERTY OR FILE A LEGAL ACTION IN COURT TO DETERMINE OWNERSHIP.

IF THE DEALER REFUSES TO DELIVER THE PROPERTY OR FILE AN ACTION IN COURT TO DETERMINE OWNERSHIP WITHIN SEVEN (7) DAYS THEREAFTER, THE OWNER MAY ATTEMPT TO RECOVER THE ITEMS OF STOLEN PERSONAL PROPERTY WITHOUT PAYMENT TO THE DEALER BY FILING A LEGAL ACTION IN COURT. IF THE COURT DETERMINES THAT THE DEALER REFUSED TO EITHER DELIVER THE PERSONAL PROPERTY OR FILE AN ACTION IN COURT TO DETERMINE OWNERSHIP WITHIN SEVEN (7) DAYS, WITHOUT REASONABLE CAUSE, THE DEALER COULD BE ORDERED TO RETURN THE IDENTIFIABLE STOLEN PERSONAL PROPERTY TO THE OWNER WITHOUT CHARGE TO THE OWNER.

HOWEVER, IF THE COURT DETERMINES THAT THE PROPERTY WAS ACQUIRED BY THE DEALER FROM A FAMILY MEMBER OR FRIEND, THE OWNER IS ENTITLED TO RECOVER THE PROPERTY ONLY UPON REIMBURSING THE COST TO THE DEALER OF ACQUIRING THE PROPERTY.

IF LEGAL ACTION IS FILED TO RECOVER PROPERTY IN THE POSSESSION OF THE DEALER, THE COURT MAY AWARD AND APPORTION COSTS AND ATTORNEY'S FEES AS APPROPRIATE.

"IDENTIFIABLE STOLEN PERSONAL PROPERTY" MEANS PERSONAL PROPERTY THAT IS:

(A) REPORTED STOLEN TO AN APPROPRIATE LAW ENFORCEMENT AGENCY;

(B) DESCRIBED IN THE OFFICIAL STOLEN PROPERTY REPORT OF THE LAW ENFORCEMENT AGENCY BY SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER; AND

(C) CONNECTED BY DOCUMENTATION (SUCH AS A RECEIPT) PRESENTED TO THE DEALER BY THE OWNER DEMONSTRATING THE LIKELIHOOD OF CURRENT OWNERSHIP.

TO PROCEED, PLEASE COMPLETE THE FOLLOWING AFFIDAVIT AND DELIVER TO THE DEALER.

AFFIDAVIT AS TO OWNERSHIP, INDEMNITY AND HOLD HARMLESS AGREEMENT

STATE OF ARKANSAS

COUNTY OF __________________

BEFORE THE UNDERSIGNED, __________________, DULY QUALIFIED AND ACTING IN AND FOR THIS COUNTY AND STATE, APPEARED __________________ [TO ME WELL KNOWN] [SATISFACTORILY PROVEN] TO BE THE AFFIANT HEREIN, WHO STATED THE FOLLOWING UNDER OATH:

1. I, __________________, AM THE SOLE, TRUE AND ABSOLUTE OWNER OF PERSONAL PROPERTY ("PROPERTY"), FREE OF ANY LIENS AND ENCUMBRANCES DESCRIBED AS: __________________ __________________ __________________

AND CURRENTLY IN THE POSSESION OF: __________________ __________________("DEALER")

2. I HAVE REPORTED THE PROPERTY STOLEN TO THE APPROPRIATE LAW ENFORCEMENT AGENCY AND HAVE PRESENTED THE DEALER WITH THE FOLLOWING DOCUMENTATION WITH REGARD TO MY OWNERSHIP OF THE PROPERTY AND SUCH DOCUMENTATION IS ATTACHED HERETO:

a. OFFICIAL STOLEN PROPERTY REPORT OF A LAW ENFORCEMENT AGENCY SHOWING SERIAL NUMBER, VEHICLE IDENTIFICATION NUMBER, LICENSE REGISTRATION NUMBER, OR OTHER NUMBERS, LETTERS, SYMBOLS, OR MARKINGS THAT AUTHENTICATE THE SPECIFIC PERSONAL PROPERTY IN THE POSSESSION OF DEALER. SAID REPORT IS ISSUED BY:

__________________

AND HAS A REPORT NUMBER OF__________________

b. DOCUMENTATION DEMONSTRATING THE LIKELIHOOD OF MY CURRENT OWNERSHIP OF THE PROPERTY, SPECIFICALLY DESCRIBED AS:__________________

__________________

3. I WILL COOPERATE WITH LAW ENFORCEMENT AND THE PROSECUTOR IN ALL RESPECTS REGARDING THE THEFT OF PROPERTY.

4. I UNDERSTAND THE DEALER CANNOT RELEASE PROPERTY THAT IS SUBJECT TO A LAW ENFORCEMENT PROPERTY HOLD AND ANY SUCH HOLD MUST BE REMOVED BEFORE THE PROPERTY CAN BE DELIVERED TO ME.

5. I UNDERSTAND THE DEALER HAS SEVEN (7) DAYS TO EITHER RELEASE THE PROPERTY TO ME OR FILE A LEGAL ACTION TO DETERMINE OWNERSHIP.

6. THE PERSON THAT CAUSED THE ITEM TO BE IN THE POSSESSION OF THE DEALER IS NOT A FAMILY MEMBER OR FRIEND OF MINE.

7. I UNDERSTAND THAT I MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES IF THE REPRESENTATIONS I AM MAKING HEREIN ARE UNTRUE.

8. I WILL INDEMNIFY AND HOLD THE DEALER HARMLESS FOR ANY AND ALL LOSS OCCASIONED BY THE REPRESENTATIONS MADE IN THIS AFFIDAVIT WITH REGARD TO THE PROPERTY.

FURTHER THE AFFIANT SAYETH NOT.

IN WITNESS WHEREOF, I HEREUNTO SET MY HAND THIS __________________ DAY OF __________________.

__________________

OWNER

SUBSCRIBED AND SWORN TO BEFORE ME THIS __________________ DAY OF__________________.

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MY COMMISSION EXPIRES:

__________________[SEAL]"

Ark. Code § 18-27-304

Added by Act 2015, No. 1242,§ 3, eff. 7/22/2015.