Ohio BMV 3809 Pawnbroker Affidavit Form Guide – Ohio Form BMV 3809, officially titled the Pawnbroker Affidavit, is a required document for licensed pawnbrokers in Ohio who seek to obtain a clear certificate of title for a motor vehicle, watercraft, or outboard motor that was pledged as collateral and later forfeited. This form supports the process outlined in Ohio Revised Code (R.C.) Section 4505.102 and is issued by the Ohio Bureau of Motor Vehicles (BMV).
This guide explains the purpose of BMV 3809, eligibility requirements, how to complete it accurately, supporting documents needed, and where to submit it. Information is drawn from official Ohio government sources, including the BMV forms library and the Ohio Revised Code.
What Is Ohio Form BMV 3809?
Form BMV 3809 is a notarized affidavit used by a licensed Ohio pawnbroker (or authorized agent) to declare that specific legal conditions have been met regarding a pledged motor vehicle, watercraft, or outboard motor. Once completed and presented with supporting records, a clerk of the court of common pleas may issue a new certificate of title in the pawnbroker’s name, free and clear of liens and encumbrances (provided the title record shows no other liens).
The form is listed under “Titles” on the official Ohio BMV Documents & Fees page and is available as a fillable PDF. The current version is marked BMV 3809 12/25.
Download the official form here: Ohio BMV 3809 Pawnbroker Affidavit (PDF).
You can also access it through the official BMV forms list: Ohio BMV Documents & Fees.
Legal Basis: Ohio Revised Code Section 4505.102
Under R.C. 4505.102, a licensed pawnbroker who has taken possession of a motor vehicle, watercraft, or outboard motor (and its certificate of title) as security for a loan may obtain a new title in the pawnbroker’s name when the following conditions are met:
- The owner fails to redeem the item or pay interest within the applicable period under the Pawnbroker Law.
- The pawnbroker has notified the owner by mail (with proof of mailing) as required by R.C. 4727.11.
- The owner fails to redeem within the 30-day period specified in that notice.
The pawnbroker must then execute an affidavit stating five specific facts. Form BMV 3809 is the official vehicle for making those statements under oath.
Key statutory language and requirements can be reviewed on the official Ohio Laws site: Ohio Revised Code Section 4505.102.
Related notice and forfeiture rules appear in R.C. 4727.11.
Who Must Use Form BMV 3809?
Only a pawnbroker (or agent of a pawnbroker) licensed under Chapter 4727 of the Ohio Revised Code may complete and present this affidavit. Pawnbroker licenses are issued and regulated by the Ohio Department of Commerce, Division of Financial Institutions.
The form is not used for ordinary vehicle title transfers, dealer assignments, or unclaimed vehicle procedures. It is specific to forfeiture situations involving motor vehicles, watercraft, or outboard motors pledged in a pawn transaction.
Information Required on Form BMV 3809
The form collects the following information:
- Pawnbroker details: Name, license number, street address, city, state, and ZIP code.
- Item pledged: Year and make of the motor vehicle, watercraft, or outboard motor.
- Pledgor (owner) information: Name, street address, city, state, and ZIP code.
- Title and identification: Certificate of title number and Vehicle Identification Number (VIN).
- Replica motor vehicle question: Yes/No checkbox. If yes, provide make, model, and year of the replica.
The affidavit portion requires the pawnbroker or agent to swear that:
- They are a licensed pawnbroker (or agent) under Chapter 4727 of the Ohio Revised Code and made a loan secured by the motor vehicle, watercraft, or outboard motor.
- Both the item and its certificate of title are in the pawnbroker’s possession.
- The owner failed to redeem the pledged item or pay interest within two months from the loan date or the last interest payment due date (as stated on the form).
- The owner was notified by mail with proof of mailing as required under the Pawnbroker Law and failed to redeem within the required 30-day period.
The form must be signed by the pawnbroker or agent and notarized. The notary completes the jurat, including the date, county, and state, and applies the official seal.
How to Complete and Submit Form BMV 3809?
- Download the current official PDF from the Ohio BMV or the direct link provided above.
- Fill in all fields accurately. Incomplete or incorrect information can delay title issuance or create legal issues.
- Have the affidavit signed in the presence of a notary public or other authorized officer.
- Gather the required supporting documents:
- A copy of the completed BMV 3809 affidavit.
- A copy of the original pawn form/statement.
- Proof of mailing of the required notice to the pledgor.
- The existing certificate of title to the motor vehicle, watercraft, or outboard motor.
- Present these documents to the clerk of a court of common pleas in the appropriate county. The clerk will review the title record. If no liens or encumbrances appear, a new certificate of title may be issued in the pawnbroker’s name, free and clear.
Always verify the most current filing procedures and any local clerk requirements, as practices can vary slightly by county.
Important Legal Warnings
R.C. 4505.102(C) and (D) make it a criminal offense to execute or present the affidavit knowing any entry is false. Penalties include a fine of not more than $200, imprisonment of not more than 90 days, or both.
Pawnbrokers must maintain accurate records under Chapter 4727 and comply with all notice, retention, and reporting requirements. Licensing and ongoing compliance are overseen by the Ohio Division of Financial Institutions.
Additional Resources
- Official Ohio BMV forms library: https://www.bmv.ohio.gov/doc-forms.aspx
- Ohio Revised Code Section 4505.102 (Issuance of certificate in pawnbroker’s name): https://codes.ohio.gov/ohio-revised-code/section-4505.102
- Ohio Revised Code Section 4727.11 (Redemption and forfeiture of pawned property): https://codes.ohio.gov/ohio-revised-code/section-4727.11
- Ohio Department of Commerce – Division of Financial Institutions (pawnbroker licensing): https://com.ohio.gov/divisions-and-programs/financial-institutions/consumer-finance/applications-and-forms
For the most accurate and up-to-date information, always consult the official Ohio BMV website, the Ohio Revised Code, or contact the relevant county clerk of courts or the Division of Financial Institutions. This article is for informational purposes only and does not constitute legal advice.