Brandon M. : Hello there:
Brandon M. : Thank you for your question. There were several questions there, and I will try to address them all.
Yes Sir...it is a mess
Sorry about that
Brandon M. : Yes it is a mess. I should start by saying that because the nuances of every situation are different, this information should not be relied upon as complete or advice without consulting in person with counsel. That said, the first thing that has to be recognized is that a theft victim is entitled to restitution--that is, they are entitled to recover the value of their property. However, that is the replacement value, not the sale value.
Brandon M. : Replacement value can be estimated in several ways, but the pawn shop sale value will almost never be the replacement value. Pawn shops but low and sell high--that is how they make their profit.
Brandon M. : Getting a formal appraisal is one way to get an accurate estimate of the replacement value of an item, but it can also be counter productive since the cost of the appraisal can sometimes exceed the amount in dispute.
Brandon M. : So when a victim has allowed a thief to make restitution without going through the criminal prosecution process, and where the value of the item is in dispute, there are two ways to resolve the dispute. Either the parties can reach an agreement, or the parties can argue over the value in court. The thief is clearly in a disadvantaged position because "going to court" essentially means being criminally prosecuted (unless the victim decides only to sue civilly).
Brandon M. : so you can work it out between yourselves, or you can work it out in criminal court. The victim is only entitled to recover the replacement value, but any dispute over what that value is would be determined in court.
Brandon M. : does that make sense?
Are both girls responsible for 50% of the total that she estimates the value at or would they each be responsible for what they sold?
Brandon M. : Well, when two thieves steal property together, they are both responsible to the victim for 100%--he victim can recover entirely from either. That said, either thief could recover one half from the other. So although each thief is responsible for the total loss, they can recover half of the loss from the other.
Brandon M. : that might have been a bit confusing. Was I clear?
Yes, I understand
Brandon M. : Well, I hope that explains things in a helpful way. Obviously, having accurate information is important.
And the threats via text messaging?
If she agreed to pay in full by September 1st and now saying she will press charges if a payment is not received by the 17th
Brandon M. : A theft victim is entitled to immediate restitution. Any deadline offered is technically I enforceable.
Brandon M. : excuse me... Technically UNenforceable.
So you are saying that she can make an agreement and then turn around and demand the money within a matter of days?
Brandon M. : in other words, the victim doesn't have to allow any deadline, so if one is offered, it generally doesn't have to be honored unless she is getting something in return. Yes, she can change her mind unless she is benefitting by the agreement, and there is no benefit to getting paid what you are already owed anyway.
I just don't like the threats through texting