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    Default Should You Enter Into an Agreement to be Repaid for Stolen Property

    My question involves criminal law for the state of: Texas.

    Hello, I am writing about a stolen cell phone. I am living in a group home. there is a girl here who stole my cell phone on feb 3rd, (off of my bed right next to my pillow within a 15 minute time window) which was proven by the phone records, and the calls made. then she moved from the group home due to not paying her rent, and now she is back. she just admitted (feb 17) to stealing my phone. and agreed to monthly payments on paying back the amount. i need to write a legally binding contract.

    1) is the fact that she is delusional and requiring medication enough to make the contract null and void? i read that being of sound mind is required for a written contract to be considered active and legal. since she is not of sound mind what should i do? can or should i still write the contract...?

    2) is the emotional value of the phone considered, legally, for things such as lost text messages, which were very important to me, and missing #'s and pictures, as well as the time living without the phone? (1 month of time because she can not pay anything until march she has already stated, and she stole it feb 03)
    can these factors be considered in the contract, the price i ask for the phone..


    please help....

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