(2) A pledgor and a pawnbroker may agree to renew a pledge loan for successive periods of 60 days or longer. A loan is a renewal of the original loan if the pledgor pays only the interest and the fees on the loan or pays a portion of the principal, the interest and the fees on the loan and accepts another pledge loan from the pawnbroker on the same pledge on the same day.
(3) Except for a pledge that secures a pledge loan of $500 or less, the pawnbroker may not deem a pledge to be forfeited until:
(a) The pawnbroker notifies the pledgor that the pledge is at risk of forfeiture after the period described in subsection (1) of this section expires; and
(b) The pledgor has had an opportunity to redeem the pledge as provided in this section.
(4)(a) Except as provided in paragraph (b) of this subsection, the notice described in subsection (3) of this section must be in writing and delivered postpaid in a securely closed envelope addressed to the pledgor at the last-known address shown on the pawnbroker’s record by regular mail.
(b) At the time the pawnbroker makes or renews the loan, the pledgor may agree in writing to receive the notice described in subsection (3) of this section by electronic mail or other electronic means instead of by regular mail.
(5)(a) Delivery of a notice under this section occurs when the notice is mailed or sent electronically as provided in this section. The pawnbroker shall bear any postal costs for the notice.
(b) As evidence of delivery of the notice described in paragraph (a) of this subsection, the pawnbroker shall keep for at least two years:
(A) A copy of, and the returned envelope for, each notice the pawnbroker sends by regular mail; and
(B) An electronic record of each notice the pawnbroker sends by electronic mail or other electronic means.
(6) A pledgor has a grace period of 30 days after the pledge loan period expires or 30 days after the delivery date specified in subsection (5) of this section of the notice required under this section, whichever date is later, in which to redeem the pledge or to renew the loan by paying any renewal fee and all the accrued interest and fees to date. There is no grace period after a renewal expires.
(7) A pledge is forfeited if the pledge is not redeemed within the renewal period, if any, or within 30 days after the loan period expires or 30 days after the delivery date specified in subsection (5) of this section of a notice given under this section, whichever date is later. The pawnbroker acquires the pledgor’s title and interest in the forfeited pledge and the right to hold and dispose of the pledge as the pawnbroker’s own property. [Amended by 1973 c.449 §6; 1979 c.202 §7; 1981 c.192 §45; 1985 c.795 §2; 1997 c.842 §5; 2009 c.372 §5; 2010 c.14 §1; 2014 c.54 §2; 2017 c.56 §1]
Structure 2021 Oregon Revised Statutes
Volume : 18 - Financial Institutions, Insurance
Section 726.010 - Definitions.
Section 726.050 - Requirements for issuance of license.
Section 726.060 - Application for license; contents; fee.
Section 726.075 - Grounds for denial of license.
Section 726.080 - Issuance and denial of license.
Section 726.125 - License fees; fees for extra service.
Section 726.130 - Annual report of licensee.
Section 726.150 - Revocation and suspension of license.
Section 726.155 - Procedure for license denial, revocation or suspension.
Section 726.250 - Investigations and examinations; cost.
Section 726.255 - Investigation of pawnbrokers; oaths; witnesses; subpoenas; depositions.
Section 726.260 - Rules and rulings.
Section 726.270 - Prohibited transactions.
Section 726.280 - Register and records of licensee.
Section 726.300 - Contents of pawn ticket; effect.
Section 726.310 - Person entitled to redeem pledge; return of pledge stored off premises.
Section 726.370 - Multiple claimants of pledge; interpleader.
Section 726.390 - Interest rates and charges.
Section 726.395 - Charges related to firearms.
Section 726.400 - Loan period; renewal; forfeiture of pledge; notice; period for redeeming pledge.
Section 726.410 - Record of forfeited pledges.
Section 726.440 - Enforcement orders.