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Replies: 35 / Views: 3,640 |
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Bedrock of the Community
United States
17884 Posts |
I don't take your word or Wikipedia How about an opinion from the Tressury department? Legal Tender: A Definition blank 31 USC § 5103. Legal Tender United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts. However, there is no Federal statute which mandates that private businesses must accept cash as a form of payment. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. http://www.bep.treas.gov/document.cfm/18/110
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Valued Member
United States
56 Posts |
Yes, Silver Eagles are indeed coins. In fact, anything issued from the U.S. Mint with a face value on it is a coin. Otherwise it would be considered a "token" which clearly is not the case. Just because people don't customarily spend Silver Eagles, hypothetically they COULD be used in general commerce, just as any other dollar coin.
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Moderator
 United States
188770 Posts |
Quote: However, there is no Federal statute which mandates that private businesses must accept cash as a form of payment. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. That should be the final word on it, but to make it simple: if a store does not want to take your cash, then you take your business elsewhere! If it is a debt, then they have to take your cash or they will lose claim to that debt (unless you agreed beforehand to pay them some other way; a contract is still a contract).
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Pillar of the Community
United States
781 Posts |
I wish my credit card companies and Sallie Mae would refuse my cash once in a while!
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Pillar of the Community
United States
2734 Posts |
Quote: Conder101: "However, there is no Federal statute which mandates that private businesses must accept cash as a form of payment." Absolutely correct! However, if the business does accept U.S. coins and currency as payment, then they will have to take your American Silver Eagle, $2 bill, Eisenhower dollar, etc. etc. Since 7-11 accepts legal tender of $20 or less as payment, they have to accept any and all legal tender of $20 and below, including the example A.S.E. (which is $1 in legal tender value). So what I said about 7-11 is still correct, but yes if a business does not accept cash at all, and the goods or services have not already been provided before payment (causing a debt, legally speaking), they can refuse the A.S.E. More specifically, almost all 'retail' businesses accept $20 Notes as payment for goods and services. Therefore, this obligates them to accept any legal tender in denominations of $20 or less. They cannot claim "invitation to treat" to refuse a denomination size that's smaller than one that they accept! If Conder101 or anyone else is aware of any brick-and-mortar retail businesses (where a human being tenders your transaction) that completely refuse to accept cash as payment, please post here about them! I'm sure that in a country as big as the United States, that there would be a few such businesses to be found.... When you pay cash for every purchase, you become more aware of the implications of 'legal tender'. Last month, a cashier at a computer store did not want to take my Presidential dollar and called the manager. Of course, the manager made him take it, saying "it is legal tender". The real reason why they had to take it as payment is stated above. This store accepts cash (including $100 bills, in their case), therefore they have to take any legal tender U.S. coins and currency in denominations of $100 and below. My favorite take-out pizza place has a sign posted that they do not take $100 Bills. Since you do not get the pizza until after you pay for it, if all you have is a $100 bill, no pizza for you! (until you drive to the nearby grocery store and have them change your bill for five $20's)  However, they have had people pay for pizzas entirely with 26.5mm Dollar coins and clad JFK Half-Dollars, at which point they're glad to see "DNA" come in because they know that he'll gladly take those as change...  ...and NO, I don't pay for pizza with those.... 
Edited by DNA 01/28/2009 10:24 pm
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Pillar of the Community
United States
1031 Posts |
Since none of the Moderators have moved this from the Modern US Coin Forum to the Token, Medal, and other Exonumia Forum does this mean case closed? A coin is a coin.
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Valued Member
United States
135 Posts |
ASE's are government-issued silver "rounds" who's bullion value has no bearing on the stamped denomination. An NCLT - meaning not intended for circulation.
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Bedrock of the Community
United States
14454 Posts |
I didn't read through this whole post because I have the flu and its hard to even hold my head up but wanted to answer anyway. Any thing minted by the US Mint with a denomination on it no matter what type of metal or other thing its made of it legal tender for the face value of whats stamped on the coin (in this case 1 dollar). These were never meant to trade at face value but they can and it would be perfectly legal, the only reason they don't is because the metal content is worth more than the face value, same with morgans and Peace dollars, the metal content is worth more than face value so you don't see them circulate that much but if someone wanted to they could still take it to the bank and get $1.00 for them
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Pillar of the Community
United States
2734 Posts |
The legal tender value of American Eagle coins is the government's guarantee to the purchaser that the coin will be worth at least its face value as U.S. legal tender, even if the precious metal it is made out of became worth less than the face value. Non-legal-tender silver rounds have no minimum guarantee of value other than the metal that they are made out of. The coin has a government-guaranteed legal tender value, and the round does not. (That's the difference between a bullion coin and a bullion round, stated right there in 14 words) Suppose some brilliant scientist invents a way to fabricate silver from low cost materials for 25¢ a troy ounce? Then, all the standard non-legal tender one ounce silver rounds in the world would be worth 25¢, and legal tender one-ounce silver bullion coins would still be worth their face value in their country of origin. As I stated on another post a while ago, if this ever happened, cash drawers across the U.S. would be breaking from the weight of the sudden influx of spent A.S.E.'s, and a similar situation in Canada with the Maple Leafs, etc.  You might dismiss the idea of low-cost fabricated gold and silver as being 'impossible' (the alchemists' dream for the past 2000 years), but 100 years ago many people would have thought that the underlying technology that we use to communicate on this very forum was 'impossible'!  Quote: FreezerBurn "ASE's are government-issued silver "rounds" who's bullion value has no bearing on the stamped denomination." You could say the exact same thing about pre-1965 90% silver Dimes, Quarters, Half-Dollars and Dollars.  They are frequently sold as "junk silver" bullion!
Edited by DNA 01/29/2009 12:04 pm
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Pillar of the Community
United States
3294 Posts |
Well, I don't know about silver, but you can turn lead into gold. All it takes is a particle accelerator and a lot of energy.
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Bedrock of the Community
United States
17884 Posts |
Quote:Absolutely correct! However, if the business does accept U.S. coins and currency as payment, then they will have to take your American Silver Eagle, $2 bill, Eisenhower dollar, etc. etc. Since there is no law mandating its acceptance the business could made such a decision on a case by case basis. The fact that they had accepted cash previously has no bearing on the matter UNLESS they have a sign posted that they accept cash or legal tender. As for being owed a debt and then refusing legal tender, that does not wipe out the debt, you still owe it, but since you have made what is in the eyes of the law a legal attempt to settle the debt, they can not sue you for non-payment or add on interest or penalties.
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Pillar of the Community
United States
2734 Posts |
Cash or legal tender?  The only 'legal tender' in the U.S. is U.S. coins and currency, which is 'cash'. What Conder101 is saying is that the businesses that accept 'cash' (which is legal tender coins and currency) can refuse to tender the A.S.E.'s, but in doing so they are refusing to accept a valid form of legal tender payment and as he said: "...since you have made what is in the eyes of the law a legal attempt to settle the debt, they can not sue you for non-payment or add on interest or penalties."So to be correct, I will add: "...they will have to take your American Silver Eagle, $2 bill, Eisenhower dollar, etc. etc. if they wish to collect payment for their goods or services." Hey, if a business wants to end up giving me something for free (via an 'uncollectible' debt) just because they don't want to take uncommon forms of legal tender, that would be fine with me! A business could post a sign stating that they do not take American Silver Eagles ($2 bills, Ikes, etc.), or show the customer a written policy to that effect. Having such a policy in effect before someone offers them in payment proves that a refusal to accept that variation of legal tender is not 'arbitrary'. This is why my local pizza take-out restaurant posts a sign that they do not take $100 bills. The business should state in advance that they do not accept the specific variation(s) of legal tender, to cover themselves.
Edited by DNA 01/29/2009 10:40 pm
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Pillar of the Community
United States
1031 Posts |
A coin is a coin is a coin. What should the goverment change the ASE coin to? Medal, Token? It's already a coin so I don't see why to argue about it. Accepted cash doesn't have anything to do with it being a coin. Legal tender doesn't have anything to do with it being a coin. A coin is a coin!
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Moderator
 United States
6563 Posts |
Quote: Since none of the Moderators have moved this from the Modern US Coin Forum to the Token, Medal, and other Exonumia Forum does this mean case closed? A coin is a coin. It's in the right spot  "All Bullion Eagles" falls under the category of Main Coin ForumThat is until Bobby decides to rearrange the forum again and have 37 subcategories  
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Bedrock of the Community
United States
17884 Posts |
Quote: Cash or legal tender? The only 'legal tender' in the U.S. is U.S. coins and currency, which is 'cash'. I worded it that way because such a sign could say "We accept Cash" or it could say "We accept legal tender". And they would then have to accept it. I did not mean to imply a sign that said "We accept cash or legal tender". My fault for not being clear.
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