Recovery of personal property and identifiable stolen personal property — Liability

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  1. (a) An owner of stolen personal property may request that a dealer return the stolen property without charge to the owner by signing and following the terms of the affidavit in favor of the dealer as described in § 18-27-304(b).

  2. (b) Unless reasonable cause exists, within seven (7) days after the later of the receipt of an affidavit described in § 18-27-304(b) and the written release, either conditional or outright, of any property hold issued by any law enforcement agency with respect to the identifiable stolen property, a dealer shall:

    1. (1) Deliver the identifiable stolen property to the owner; or

    2. (2) File a legal action in a court of competent jurisdiction to determine ownership.

  3. (c) If the dealer refuses to make an election under subsection (b) of this section, the owner may file a replevin action to recover the property and the court may award and apportion costs and attorney's fees as appropriate under the facts of the case.


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