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.
Structure Indiana Code
Title 28. Financial Institutions
Article 7. Specialized Financial Institutions
28-7-5-3. Necessity of License; Misleading Representations; Territorial Application
28-7-5-5.5. Surety Bond; Requirements; Amount; Termination; Liability; Notices
28-7-5-9. License Not Transferrable or Assignable; Branch Locations
28-7-5-10.4. Carrying on Other Business
28-7-5-10.6. Felony Convictions or Pleas; Notice to Department
28-7-5-11. License Renewal; Application; Fees
28-7-5-13.1. Failure to File Renewal Form or Pay Renewal Fee; Revocation or Suspension of License
28-7-5-15. Investigatory and Enforcement Authority; Costs of Investigation; Voided Loans
28-7-5-15.1. Applicability of Law Governing Administrative Orders and Procedures; Venue
28-7-5-19. Loan Record Requisites; Data Recording Methods
28-7-5-20. Signature and Thumbprint of Pledger; Electronic Record
28-7-5-21. Pawn Ticket; Duty of Reasonable Care in Safekeeping of Articles
28-7-5-21.5. Required Disclosure of Information
28-7-5-23. Redemption by Mail; Compliance With Local Ordinance or Law Concerning Pledge Retention
28-7-5-24. Partial Payment Before Maturity
28-7-5-25. Loss, Destruction, or Theft of Pawn Ticket
28-7-5-26. Alteration of Pawn Ticket; Effect
28-7-5-28.5. Additional Charge; Servicing Fee
28-7-5-29. Liability for Loss to Pledger; Due Care
28-7-5-29.5. Waiver of Rights Not Permitted
28-7-5-34. Delivery of Pledge; Necessity of Surrender of Pawn Ticket
28-7-5-35. Conflicting Claims; Sale of Pledge Subject to Adjudication
28-7-5-36. Unlawful Transactions
28-7-5-37.5. Compliance With Money Laundering Laws; Investigation and Enforcement by the Department
28-7-5-38. Violations; Civil Action; Injunctive Relief; Civil Penalties