Hi, I would be grateful for some information that I am hoping will help guide me to determine whether the resolution I seek is fair. Here is the background: About 10 years ago, my ex stole about $30k worth of jewelry from my mother, when he was in the grips of a gambling addiction. My parents are now pensioners (they are in their 70s) living in a housing commission. I have only known about this incident for about 6 years when my mother decided to tell me and had made me promise to keep it a secret.
About a month ago, I've decided I can't let the situation stay unknown and unresolved any longer. I wrote my ex a letter asking him to resolve this issue. I have been told that there is no statute of limitations for this, but the onus of proof lies with the police. Presently my ex is willing to make amends, but I have no way of knowing how to quantify the value of the restitution my mother and myself deserve. My current partner believes the original value + interest is the minimum.
So my questions are: what is the penalty for this kind of theft, should I choose to go through the legal system if my ex decides not to go ahead with making restitution? How do I determine the rate of interest for the last 10 years, and how do I quantify the emotional cost? I am meeting with my ex in a week or two, to sort out an arrangement. He has already started sending me 2 x $50, and I'm thinking at this rate its going to take him 23 years to repay, just the jewelry without interest or compensation, and my mother will probably be dead. And I am thinking making an agreement in writing is best. How formalised does this need to be to be recognised in a court of law should he back out after its started? Thanks so much in advance.
About a month ago, I've decided I can't let the situation stay unknown and unresolved any longer. I wrote my ex a letter asking him to resolve this issue. I have been told that there is no statute of limitations for this, but the onus of proof lies with the police. Presently my ex is willing to make amends, but I have no way of knowing how to quantify the value of the restitution my mother and myself deserve. My current partner believes the original value + interest is the minimum.
So my questions are: what is the penalty for this kind of theft, should I choose to go through the legal system if my ex decides not to go ahead with making restitution? How do I determine the rate of interest for the last 10 years, and how do I quantify the emotional cost? I am meeting with my ex in a week or two, to sort out an arrangement. He has already started sending me 2 x $50, and I'm thinking at this rate its going to take him 23 years to repay, just the jewelry without interest or compensation, and my mother will probably be dead. And I am thinking making an agreement in writing is best. How formalised does this need to be to be recognised in a court of law should he back out after its started? Thanks so much in advance.