What is pawnbroking?

Verified 29 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)

A pawn loan is a loan that is granted in return for the deposit of a valuable object (for example, a jewel, a piece of clothing, a painting). The pawnbroker loan is offered only by municipal credit unions, under regulated conditions. We present you with the information you need to know.

Anyone can apply for a pawn loan.

In practice, however, it is the people who cannot or do not wish to apply for credit from the bank or a financial institution who use the pawnshop.

For example, you can apply for a pawnbroker loan if your income does not allow you to pay the monthly installments of a traditional loan or if you are registered at the Banque de France.

There is no means test to obtain a pawnbroker loan.

You will be able to get a loan in exchange for a deposit of a valuable object that will serve as security. It is said thatItem is pledged and you still own it. The property deposited to obtain a pawn loan may be a jewel, a watch, a painting, a musical instrument or any other valuable object.

If you don't repay your loan, the pledged item can be auctioned off.

FYI  

If you have a low income, it is also possible to ask for a personal microcredit.

Only a municipal credit union can offer the type on pawnbroker.

To get a pawnbroker loan, you have to go to a municipal credit institution.

You can't go to your regular bank.

You will need to present the following:

  • ID
  • Proof of domicile
  • Item you want to guarantee
  • Proof of ownership (for some objects).

The municipal credit union must provide you with the following information;

  • Identity and geographical address of the lending agency
  • Type of credit offered
  • Indication of the assets which may be pledged
  • Methods of valuing the property by appraisers
  • Total amount of credit, and conditions for making funds available
  • Duration of the credit agreement and renewal conditions, extension possibilities
  • Interest rates charged
  • Annual percentage rate of charge and total amount due by the borrower, based on a representative example
  • Maximum amount of credit that can be granted
  • Legal consequences of pledging the object
  • Conditions for retrieving items before the end of loan
  • Deposit of object recognition certificate
  • Conditions for compensation in case of loss of the deposited object, and modalities for abandonment or return of the object in case of deterioration
  • Terms and conditions for the public auction of the pledged item
  • No right of withdrawal.

When you pledge an object, you must sign an act that affirms the pledge of the object. This document shall be drawn up in writing or on another durable medium.

The value of the object is estimated by an auctioneer appointed to the municipal credit union.

In exchange for the deposit of this item, you will be able to get a loan immediately.

If the municipal credit decides to grant you the loan, it will offer to complete and sign a contract.

The amount of the pawnbroker loan can be given to you in cash if it does not exceed €3,000.

If the amount exceeds €3,000, it must be paid to you by check or by transfer.

If the loan is rejected (or if you refuse the contract), the item will be returned to you.

The amount of the loan you can get is calculated based on the value of the object you deposit.

In general, the loan amount is less than or equal to 2/3 of the estimated value of the object.

If the object is platinum, gold or silver, the loan amount is less than or equal to 4/5eme the estimated value of the object.

The interest rate on the pledged loan is set by the municipal credit union.

You may also be charged a custodial fee for the dropped item.

The interest rate and the fee for child care are specified in the contract.

The pawn loan must be the subject of a written contract between you and the municipal credit union.

The contract shall specify the following:

  • Identity and geographical address of the 2 parties
  • Date of document and signature
  • Identification of the pledged item and its value estimated by the appraisers
  • Accuracy of type of credit
  • Total amount of the loan and conditions for making funds available
  • Term of the loan and conditions for extension and renewal
  • Interest rate on the loan
  • Other costs related to the execution of the credit agreement and their conditions of modification
  • Annual effective rate overall
  • Total amount to be refunded
  • Costs of non-performance of contract
  • Reference to the obligation to surrender the deposit recognition
  • Loan repayment terms
  • Conditions for early repayment of the loan
  • Terms of auction of the item and payment of the bonus
  • Conditions for compensation in case of loss of the deposited object, and modalities for abandonment or return of the object in case of deterioration
  • Mention of the obligation to inform the municipal credit union of the loss of the recognition of deposit of an object as pledge
  • Return policy for the item in case of loss and management fees
  • Information on the handling of disputes and the mediation procedure
  • Information on the absence of the right of withdrawal
  • Mention of your right to object free of charge to the use of your personal data for prospecting purposes
  • Address of the Supervisory and Resolution Authority and the Administrative Authority for Competition and Consumer Affairs

The right of withdrawal does not apply to pawnbroking: this means that once you've signed your contract and pledged your item, you can't change your mind.

But, if you wish, you can repay the remaining amount to be paid at any time and recover the deposited property.

The contract provides for the duration of the pawnbroker loan, which is often six months or a year.

You must repay the loan before the end of the term stipulated in the contract, in order to be able to recover the item you pledged.

The situation varies depending on whether you can repay the loan on time or not:

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You can pay back your loan on time

If you repay the amount lent to you and the interest within the time limit, you can recover your property.

This repayment can be made at any time, from the date of receipt of the loan and the end of the period provided for in the contract.

The refund can be made in cash or in kind (i.e. by delivering an item).

Warning  

If your debt is more than €3,000However, you can't pay it back in cash at once.

You can't pay back the loan on time

You can ask for an extension of the term of the loan. The situation varies depending on whether you are granted an extension or not:

The extension of the term of the loan is granted

If you repay the amount lent to you and the interest within the new period, you can recover your property.

The refund can be made in cash or in kind (i.e. by delivering an item).

Warning  

If your debt is more than €3,000However, you can't pay it back in cash at once.

If you do not pay at the end of the period, your pledged item will be auctioned.

Proceeds from the sale will be used to repay the loan and interest.

You won't have to pay anything more.

If there is a surplus of the sale proceeds, it will be returned to you if the item is sold for more than the amount to be refunded.

However, if the sale does not cover the amount of the loan and interest, you will not be asked for anything.

The extension of the term of the loan is not granted

If you do not pay at the end of the term of the loan, your pledged item will be auctioned.

Proceeds from the sale will be used to repay the loan and interest.

You won't have to pay anything more.

If there is a surplus of the sale proceeds, it is returned to you if the item is sold for more than the amount to be refunded.

However, if the sale does not cover the amount of the loan and interest, nothing will be charged to you.

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