ORS 726.370
Multiple claimants of pledge

  • interpleader

(1)

If more than one person claims the right to redeem a pledge, the pawnbroker is not liable for refusing to deliver the pledge until the respective rights of the claimants have been adjudicated unless the pawnbroker fails to verify whether the pledge is subject to a lien or other encumbrance, if the pledge is:

(a)

A boat, as defined in ORS 830.005 (Definitions for chapter);

(b)

A snowmobile, as defined in ORS 801.490 (“Snowmobile.”);

(c)

A trailer, as described in ORS 726.010 (Definitions) (2)(a)(D); or

(d)

An all-terrain vehicle that is not required to be registered with the Department of Transportation.

(2)

In an action brought against the pawnbroker for recovery of the pledge, the pawnbroker may as a defense require all known claimants to interplead.

(3)

If either claimant does not bring an action against the pawnbroker within 30 days after notice of an adverse claim, the pawnbroker may dispose of the pledge as provided in this chapter. [Amended by 2013 c.261 §3]

Source: Section 726.370 — Multiple claimants of pledge; interpleader, https://www.­oregonlegislature.­gov/bills_laws/ors/ors726.­html.

726.010
Definitions 726.020
Short title 726.030
Construction of chapter 726.040
Pawnbroker license required 726.050
Requirements for issuance of license 726.060
Application for license 726.070
Applicant to furnish bond or letter of credit 726.075
Grounds for denial of license 726.080
Issuance and denial of license 726.090
Form of license 726.100
Additional licenses to same applicant 726.110
Change of place of business 726.125
License fees 726.130
Annual report of licensee 726.150
Revocation and suspension of license 726.155
Procedure for license denial, revocation or suspension 726.170
Reinstatement or issuance of new license 726.180
Expiration of license 726.190
Surrender of license 726.250
Investigations and examinations 726.255
Investigation of pawnbrokers 726.260
Rules and rulings 726.270
Prohibited transactions 726.280
Register and records of licensee 726.285
Register and records of transactions by pawnbroker 726.290
Signing of card, stub or record by pledgor 726.300
Contents of pawn ticket 726.310
Person entitled to redeem pledge 726.320
Redemption by mail 726.330
Delivery of pledge upon surrender of pawn ticket 726.340
Loss, destruction or theft of pawn ticket 726.350
Alteration 726.360
Spurious pawn tickets 726.370
Multiple claimants of pledge 726.380
Loss of or injury to pledge 726.390
Interest rates and charges 726.395
Charges related to firearms 726.400
Loan period 726.410
Record of forfeited pledges 726.420
Effect of charging excessive interest or fees 726.440
Enforcement orders 726.450
Tracking pledged articles 726.910
Civil penalties 726.990
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 726.370’s source at oregon​.gov