| Author |
Replies: 23 / Views: 4,608 |
Page 2 of 2
|
|
|
|
Valued Member
 51 Posts |
Sorry to have bothered you with my question.
Especially jerseyben
|
|
Moderator
 United States
54282 Posts |
Quote: you could pick up your item and walk out of the establishment This is called shoplifting, and not legal. Quote: and that they could not do a thing about it. This is not true. They can detain you, and call the police and press charges and get you arrested. If only this were true. I'd get my wallet holding just $100 bills and visit every place that won't take bills larger then $20, and go on a "FREE" shopping spree every day.
|
|
Pillar of the Community
United States
6130 Posts |
It's been proven time and again that you can pay parking tickets and other state-issued fines in buckets and barrels of small change.
Interestingly, you can *not* pay taxes in cash, nor will most credit card companies accept cash to settle a debt. That would be interesting to take to court to test the 1964 Act.
|
|
Moderator
 United States
189117 Posts |
Quote: Sorry to have bothered you with my question. Questions are no bother! We are here to learn and I hope you got an answer to your satisfaction.  to the Community!
|
|
Pillar of the Community
United States
726 Posts |
Dollarcoinman. Thanks for your question. I personally found it interesting and I enjoyed the helpful responses. I had actually wondered about the same thing as well. I came close to this situation back in 1976 when they came out with the new $2 bills. I got a bunch of them and tried to pay for my lunch with several of them. The cashier refused them but called the manager over who said they were acceptable.
|
|
Bedrock of the Community
United States
17884 Posts |
And even if you are paying a DEBT, if they refuse the legal tender that does NOT cancel the debt, you still owe it, but since you HAVE made a legal offer to pay it they can't add on additional interest and penalties for late payment.
|
|
Valued Member
 51 Posts |
Well, definitely nothing accomplished with the question.
|
|
New Member
United States
38 Posts |
Well dollarcoinman I would say something was accomplished (some education on the question) Not every one knew this and I am sure. The information was very informative as well. Granted there is a whole lot more to this. That was a well accomplished start.
|
|
Valued Member
 51 Posts |
learning  to the community. Thanks for your comment.
|
|
Pillar of the Community
United States
1590 Posts |
I was a detective, and my ex is a lawyer; though this is NOT legal advice, nor is it comprehensive.
No, a merchant does not have to take what you offer.BUT there are some differences. For instance, I go to a nice restaurant and shoot the works and the bill comes for $500. I bring out the proverbial wheelbarrel of pennies, and the merchant refuses to accept it. I then walk out and the merchant calls the police. The police stop me before I get in my car....and the merchant is screwed. You see I did not TENDER an OFFER. I OFFERED to pay a debt. The service had already been rendered. As the offer to pay the debt was refused, I am off the hook....criminally( check the law in your local first, this is just a general observation and a case I was actually involved in, 25 years ago). Now the merchant still has the right to come after me in a civil action. However, it can get sticky. In the case I was involved in, the merchant took the person to court, and admitted not taking payment when offered. The judge in this case ( and all judges are different) ruled that an offer had been made and refused and so the debt was annulled. He also made the Merchant pay the court cost. NOW THIS COULD WELL HAVE GONE THE OTHER WAY.
AS for walking out of a store with merchandise if payment is refused, that you can not do. I think this has to do with case law in California where a person was waiting at a counter at a store to pay for some sort of bottled, non-alcholic, drink and the clerk was too busy talking to their "buddy". The customer drank the liquid while waiting to pay, and the clerk kept ignoring them, as I recall, for around 10 minutes. The customer then exited the store at which point the clerk realized that the item had not been paid for. As there was no intent to commit a theft, and as the customer HAD made an attempt to pay and been ignored; the court ruled that there was no crime. This did morph, in the 70s and 80s, into a vague general rule that if they made a good faith attempt to pay and the merchant could have accepted payment but did not, then the intent portion of the statute was not fulfilled. But in all cases a merchant had the right to recover merchandise not paid for.
Now understand that my experiance is in California and well over 25 years ago. Things can and do change. This was not legal advice, just some personal experiance(s).
|
|
Valued Member
United States
79 Posts |
I was talking to a pawn shop owner today - he showed me a fire damaged, slightly bent Ike that he had tried to deposit multiple times. The bank rejected it each time. I didn't know they would do that, especially to an Ike. I bought a few Ike's from him for Christmas stockings, but not the burnt one. Shame on me. 
|
|
Moderator
 United States
189117 Posts |
I wonder if the rejection was because it was a damaged Ike and not a more common denomination with damage. You should have bought it, not only would I have liked to see it,but I think it might have made a good pocket piece for you. 
|
|
Bedrock of the Community
 United States
12477 Posts |
@dollarcoinman Judging by the number of responses and the informative content of those responses, your question was legit and has helped others learn.  So... Quote: Interestingly, you can *not* pay taxes in cash Actually, you can: https://www.irs.com/articles/paying-your-taxesAlso, if you pay cash for gas and a soft drink at a convenience store, you're paying cash for three different taxes at once (including Federal) if not more depending on location and city/county/parish taxes. Every time you purchase a taxable item at a store and pay cash...you get the point. 
In Memory of Crazyb0 12-26-1951 to 7-27-2020 In Memory of Tootallious 3-31-1964 to 4-15-2020 In Memory of T-BOP 10-12-1949 to 1-19-2024
Edited by spru 07/16/2017 01:20 am
|
|
Pillar of the Community
 United States
4593 Posts |
With regard to @jmkendall 's post, there are also legal cover for the merchant in their posted policies (this was a big deal in NYC when I was growing up due to counterfeit $20s).
If the sign at the register says "No bills over $10" and you try to pay with a $20, you haven't made an offer.
But as he suggested, that's local law.
-----Burton 50+ year / Life / Emeritus ANA member (joined 12/1/1973) Life member: Numismatics International, CONECA Member: TNA, FtWCC, NETCC, EveryCountry (online) coin club Owned by three cats and a wife of 40+ years (joined 1983) Author: 3rd Edition of the Sample Slabs book, https://www.sampleslabs.info/
|
|
Pillar of the Community
United States
4085 Posts |
dollarcoinman, this was one of the more interesting threads today, so no worries AT ALL for asking the question. Sorry a few were shall we say a bit grouchy...
Even more interesting thing was it seemed like a clear cut answer but then jmkendall makes an interesting post saying well it depends. Which reminds me of something a friend of mine who was a judge told me once - there's always subtle differences when legal questions come up and many things are subject to interpretation. This is why we have courts, lawyers and the legal system.
|
|
Page 2 of 2
|
Replies: 23 / Views: 4,608 |
Page 2 of 2
|