Sec. 2. In this chapter, unless the context otherwise requires:
"Director" refers to the director of the department.
"Pawn" means lending money on the deposit or pledge of personal property, or purchasing personal property on the condition of selling the property back again at a stipulated price, with the condition indicated verbally, in a written agreement, or in any other form indicating that the seller may repurchase the personal property sold. For purposes of this chapter, "personal property" does not include general intangibles, accounts (including deposit accounts), chattel paper, commercial tort claims, documents, instruments, investment property, letter-of-credit rights, letters of credit, money, or oil, gas, or other minerals before extraction.
"Pawnbroker" means any person, partnership, association, limited liability company, or corporation that engages in the pawn business.
"Pledge" means personal property deposited with a pawnbroker as security for a loan.
"Pledger" means the person who delivers personal property into the possession of a pawnbroker as security for a loan. However, if the person delivering the personal property into the possession of the pawnbroker discloses that the person is acting for another, "pledger" means the disclosed principal.
"Department" means the department of financial institutions.
"Person" means any individual, limited liability company, sole proprietorship, partnership, trust, joint venture, corporation, unincorporated organization, or other form of entity, however organized.
"Month" means a period extending from a given date in one (1) calendar month to the like date in the succeeding calendar month or, if there is no such like date, then to the last day of the succeeding calendar month. For purposes of this chapter, each month is considered to have thirty (30) days.
Formerly: Acts 1935, c.195, s.2. As amended by P.L.263-1985, SEC.183; P.L.14-1992, SEC.131; P.L.42-1993, SEC.74; P.L.258-2003, SEC.11; P.L.10-2006, SEC.38 and P.L.57-2006, SEC.38; P.L.90-2008, SEC.47; P.L.137-2014, SEC.29.
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