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Payback By Payment Method, $88 In Pennies

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tgauchsin's Avatar
United States
344 Posts
 Posted 01/21/2013  11:08 am  Show Profile   Bookmark this reply Add tgauchsin to your friends list Get a Link to this Reply
It may be legal, but I'm not so sure I would blame it on the monetary system.

If the cops want to try to enforce federal law, I would tell them - with all due respect - it is outside of their jurisdiction. Want to arrest me for stealing the young man's car? Nope. I have a legal lien on it and that is a civil matter - once again - outside of their jurisdiction.

I'll take it to the other extreme. If I go to the hardware store and buy a $0.13 screw and try to pay with a $100 bill, I would be willing to bet most every hardware stores would refuse to take the $100. I could point, yell and scream all day about it being "legal tender for all debts public and private," but in the end I am walking out of that store screwless until I come back with something smaller.

So in the end, while it may be legal currency, they are walking out of the tow yard carless until they come back when you have something larger - at least if it were my tow yard.
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SteveCaruso's Avatar
United States
1796 Posts
 Posted 01/21/2013  11:17 am  Show Profile   Bookmark this reply Add SteveCaruso to your friends list Get a Link to this Reply
Aye, accepting legal tender currency is compulsory only to government agencies (and even then there are restrictions); however, private businesses have full rights to refuse payments in their choice of denominations given the proper context. (Or to refuse cash completely.)
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ghostrider's Avatar
United States
1116 Posts
 Posted 01/21/2013  12:30 pm  Show Profile   Bookmark this reply Add ghostrider to your friends list Get a Link to this Reply
In many states there is a limit that has been put on the number of coins that a business or government agency has to take.

A friend of mine who was an Ohio leo told the story of a person who tried to pay his parking tickets a city's police station with pennies and was turned down. So he came back a couple of hours later wearing his six gun on his hip. The poor woman was rightfully scared and pushed her panic button which brought every leo to her help with guns out.

They wanted him to raise his hands, which he didn't, but stayed right where he was until the captain told his men that the law (at least at the time of this action) allowed for open carry and that he was not breaking the law. The man then paid his bill and went to the public cafeteria within the police station to eat his lunch. Of course he was followed whereever he went by a couple of leo's.

If the story is true then there is more than one way to skin a cat as most of us fully know.

He sure did have some nerve. This story is supposed to have happened 15 years ago or so.
Edited by ghostrider
01/21/2013 12:32 pm
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ratio411's Avatar
United States
1208 Posts
 Posted 01/21/2013  12:48 pm  Show Profile   Bookmark this reply Add ratio411 to your friends list Get a Link to this Reply
The towing company was a private business, so yeah, they do have the right to refuse any denomonation of their choosing.
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ratio411's Avatar
United States
1208 Posts
 Posted 01/21/2013  12:53 pm  Show Profile   Bookmark this reply Add ratio411 to your friends list Get a Link to this Reply
As for our moneytary system, leave it be.
Not only is it a proper system, but if you start a habit (and you will) of monkeying with it according to the economy, it will desensitize people to the invisible inflation tax that the politicians foist upon the public. Not that they are doing a good job of noticing now, but with coinage changes as a habit to distract the public is going to make it worse.

I say, make every coin currently produced worthless until the sheeple get off their lazy bottoms and start the next revolution.
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SDCrow's Avatar
United States
456 Posts
 Posted 01/21/2013  2:02 pm  Show Profile   Bookmark this reply Add SDCrow to your friends list Get a Link to this Reply

Quote:
Sure hope there's nothing serious going on down the street these cops could be preventing . . .


Couldn't agree more. What a waste of resources. Even if this did require an officers presence, why more than one? Man up and pay your fine and go on about your day.

I would think they wouldn't have to accept the unrolled pennies. Even my local bank won't take large amounts of change if it's not rolled.
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Broseph's Avatar
United States
979 Posts
 Posted 01/21/2013  3:50 pm  Show Profile   Bookmark this reply Add Broseph to your friends list Get a Link to this Reply
I'd like to bring up another point.

I have read (but from no sources quite worth siting) that there is a difference between refusing a purchase and refusing payment of a bill.

They are two different transaction types. For example, trying to break a $100 bill at a gas station can be denied, because there is no law saying they have to sell to you. A store can deny sales for any reason as long as it's not because of race, gender, etc. etc.

On the other hand, if you are given a bill, this is now a debt. Notes and coins are all legal tender for all debts public and private.
However, I have read about court rulings that have gone both ways, it depends on the judge. Some of the cases that have gone in favor of the penny receiver have had the penny payer fined with promoting unnecessary hardship and labor because he pennies were not rolled. I have never read of a case where rolled pennies were refused legally.
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tgauchsin's Avatar
United States
344 Posts
 Posted 01/21/2013  5:33 pm  Show Profile   Bookmark this reply Add tgauchsin to your friends list Get a Link to this Reply

Quote:
On the other hand, if you are given a bill, this is now a debt. Notes and coins are all legal tender for all debts public and private.


Every month, I receive a bill from the phone company, gas company, telephone and Internet provider. All three do not have an office which I can drop off any legal tender. I must either electronically transfer it or send in a check to some central bill processing facility. I guess I could send cash in the mail, if I wanted to risk it and sending in pennies would cost more in postage than it would be worth. Either way, they could say they never received it and I would be out of luck.

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basebal21's Avatar
13014 Posts
 Posted 01/21/2013  6:34 pm  Show Profile   Bookmark this reply Add basebal21 to your friends list Get a Link to this Reply

Quote:
Why should he have to waste his time to go to a bank and get them counted.. not his problem.


It is his problem. Hes the one who got his car towed and wants it back. Its not the towing companies problem at some point theyd auction off the car and get their money so they couldnt care less. If you dont want to have to pay an 80 dollar fine dont risk parking in a tow away zone
Valued Member
tgauchsin's Avatar
United States
344 Posts
 Posted 01/21/2013  7:04 pm  Show Profile   Bookmark this reply Add tgauchsin to your friends list Get a Link to this Reply
According to the Treasury Department, looks like they don't have to accept $88.00 in pennies as payment.

Here's the link: http://www.treasury.gov/resource-ce...-tender.aspx
Edited by tgauchsin
01/21/2013 7:14 pm
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Sap's Avatar
Australia
16849 Posts
 Posted 01/21/2013  8:32 pm  Show Profile   Bookmark this reply Add Sap to your friends list Get a Link to this Reply
Old thread on the subject.

Paying a fine in pennies seems to be a pretty standard form of protest in America. And it's completely legal, because unlike most other countries, America has no upper limits placed on the amount of coinage of each denomination that qualify for legal tender. The subject crops up on the forum every few months.

Quote:
I have read (but from no sources quite worth siting) that there is a difference between refusing a purchase and refusing payment of a bill.

According to the Treasury Department, looks like they don't have to accept $88.00 in pennies as payment.

No-one has to accept any form of money in exchange for goods or services. But a payment of a debt (including a fine) is different, in this sense: if you offer to pay the debt in pennies and they refuse to accept it, they can't then later accuse you of failing to pay the debt or of making an overdue payment, because you did try to pay the debt, on time, in legal tender currency.
Don't say "infinitely" when you mean "very"; otherwise, you'll have no word left when you want to talk about something really infinite. - C. S. Lewis
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basebal21's Avatar
13014 Posts
 Posted 01/21/2013  8:44 pm  Show Profile   Bookmark this reply Add basebal21 to your friends list Get a Link to this Reply

Quote:
No-one has to accept any form of money in exchange for goods or services. But a payment of a debt (including a fine) is different, in this sense: if you offer to pay the debt in pennies and they refuse to accept it, they can't then later accuse you of failing to pay the debt or of making an overdue payment, because you did try to pay the debt, on time, in legal tender currency.


I kind of doubt that. If you try and give the IRS 40k in pennies to pay your taxes they wont just call it even when they refuse to take your payment
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amida17's Avatar
United States
4897 Posts
 Posted 01/21/2013  8:51 pm  Show Profile   Bookmark this reply Add amida17 to your friends list Get a Link to this Reply
This is a rare occasion but I think SAP is wrong. I believe New York State limits the amount of change you can use to pay a fine to under $100. Every few months someone tries this idiocy and it never works.
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tgauchsin's Avatar
United States
344 Posts
 Posted 01/21/2013  9:20 pm  Show Profile   Bookmark this reply Add tgauchsin to your friends list Get a Link to this Reply
Respectfully, I would have to disagree with you sap. I was able to see the video before the link was removed. It wasn't a debt or fine, nor is the tow yard a creditor - as of yet.

The $88 was an impound and storage fee to a private tow yard. Fees are paid for services rendered - the towing and storage of the vehicle. That's why most places which tow vehicles have signs which state, "Vehicles are towed at the owners expense." In other words, "Congratulations, not only do you not have the use of your vehicle, you get to pay me for the services of towing and storing it."

In the same way a mechanic holds a car until you pay for repairs, the tow yard is holding the car until they pay for the tow and storage. In this case a private tow yard does have a right to refuse the payment of the pennies and to hold the car until the young man brings in whatever form of payment the tow yard requires - as per the Treasury link.

Just my opinion.
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BadToTheBone's Avatar
United States
1795 Posts
 Posted 01/21/2013  9:36 pm  Show Profile   Bookmark this reply Add BadToTheBone to your friends list Get a Link to this Reply
Tow companies have been found to be unscrupulous in their dealings with the public many times. I would have paid them in cents also especially if I was unjustly towed.
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