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  #1  
Old 10-24-2002, 10:01 PM
conoverc
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Question

Can Award be Paid in Pennies?


What is the name of your state? North Carolina
I have been the victim of a binding arbitration in which the arbitrator rendered a decision that was grossly flawed from a legal/evidentiary perspective (e.g., reaching conclusions that were 180 degrees opposite from both the attorney who originally drafted the Separation Agreement at issue and 2 NY Supreme Court opinions which were literally the only case history pertinent in the case). The details don't matter: mea culpa, this matter cannot be appealed or reversed in any way. I hired a competent attorney but with benefit of hindsight should have more seriously considered the merits of handing over a decision where $35,000 was at stake to a single individual with no recourse if they goofed. I've learned a lesson: maybe others here will too.

My question is simple: am I permitted to pay the $500 monthly I now owe my ex-wife in pennies? According to a US Treasury site I found, pennies are legal tender for payment of all debts, but I obviously don't care to get dragged into Court AGAIN over this matter. So long as I am technically in compliance with the order, albeit via pennies, can any legal action be taken against me? I have learned from an astonishing Web site that 50,000 pennies weigh about 300 lbs. Let me stipulate I acknowledge this probably isn't the most mature response and may not follow through. But it's the only way I see of "evening up" a gross miscarriage of justice even a tiny bit. I'm pretty steamed right now.
Thanks.

Last edited by conoverc; 10-25-2002 at 07:27 AM.
  #2  
Old 10-25-2002, 10:06 AM
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Join Date: Jul 2002
Location: Tennessee
Posts: 3,088
Are you paying her directly and if so wouldn't this be like paying in cash? How would you get a receipt for payment? What if she kept them then said you didn't pay? Who would be evening up the score then? I can understand your frustration even though I don't know your circumstances but I think this is one of those things that might come back to haunt you.
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  #3  
Old 10-25-2002, 10:18 AM
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Though you can pay the debt with pennies (any legal tender), there is no requirement for the receiver to accept them at their face value or to take your word at their value.

If you were to make payment to me this way, I would refuse to give you a receipt until YOU had counted them while I (or someone) witnessed your count. This would mean that YOU would have to sit there and count every penny before getting your receipt. Are you really willing to do that just to prove your point??
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There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #4  
Old 10-25-2002, 07:22 PM
conoverc
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I appreciate these responses. I haven't checked this yet, and merits of my plan obviously depend on cost, but had been thinking of these being delivered in 5 $100 bags by Brinks which presumably could certify as to accuracy of the count and the fact of delivery. This doesn't strike me as being easily subject to challenge. I owe her $18K over 3 years. I'm clearly not going to do this for 36 payments, but felt that if the first 2 or 3 were in this fashion, there's at least some chance she might settle for something far more fair because the only way of "undoing" this would be to specify in the arbitrator's decision that payment would have to be by check or some or specified acceptable method. I could point out that she's going to have to live with the letter of that decision until/unless we come to more acceptable terms, e.g., splitting the difference etc. I think she knows in her heart of hearts I got shafted. Is she willing to get away with this if it's easy? Sure. But she also knows I'm stubborn (duh) and faced with the prospect of having to deal with 300 pounds of pennies monthly, there's at least a snowball's chance of this ploy actually paying for itself. Absent that, even if it cost me say $150 to $200 total for the first 3 deliveries, the aggravation value would be worth it in my mind. But this ploy is absolutely not worth enduring if I have to squander even more resources on a lawyer defending myself in court. The premise here is being able to impose a sizable amount of aggravation without her being able to do anything about it.
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