Section 116.5 - Contested disposition of property - Procedure.

UT Code § 13-32a-116.5 (2019) (N/A)
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(1) If a pawn or secondhand business receives notice from a law enforcement agency under Section 13-32a-109 that property that is the subject of a hold or seizure shall be returned to an identified original victim, the pawn or secondhand business may contest the determination and seek a specific alternative disposition if within 15 business days after the day on which the pawn or secondhand business receives the notice: (a) the pawn or secondhand business gives notice to the identified original victim, by certified mail, that the pawn or secondhand business contests the determination to return the property to the original victim; and (b) files a petition in a court having jurisdiction over the matter to determine rightful ownership of the property as provided in Section 24-3-104.

(a) the pawn or secondhand business gives notice to the identified original victim, by certified mail, that the pawn or secondhand business contests the determination to return the property to the original victim; and

(b) files a petition in a court having jurisdiction over the matter to determine rightful ownership of the property as provided in Section 24-3-104.

(2) A pawn or secondhand business is guilty of a class B misdemeanor if the pawn or secondhand business: (a) holds or sells property in violation of a notification from a law enforcement agency that the property is to be returned to an original victim; and (b) the pawn or secondhand business does not comply with the requirements of this section within the time periods specified.

(a) holds or sells property in violation of a notification from a law enforcement agency that the property is to be returned to an original victim; and

(b) the pawn or secondhand business does not comply with the requirements of this section within the time periods specified.