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legal tender new york state

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ltj2457

Guest
What is the name of your state? ny
I read that a private concern can request payment in any form they want, meaning they do not have to accept legal tender, unless their is a state law that says otherwise. Is ny one of those states that says all legal tender must be accepted?
 


I AM ALWAYS LIABLE

Senior Member
ltj2457 said:
What is the name of your state? ny
I read that a private concern can request payment in any form they want, meaning they do not have to accept legal tender, unless their is a state law that says otherwise. Is ny one of those states that says all legal tender must be accepted?

My response:

The only "legal tender" there is in the United States is the good ol' "Greenback", the "Dead Presidents" - - and, of course, its coinage. Read the same on the face of any paper money.

However, that doesn't mean that two or more people cannot agree to any other form of legal consideration in a written contract. For example, if you and I enter into a written contract whereby you promise to paint my house, you and I can agree that the "legal consideration" can be that you'll accept One Ton of Florida Navel oranges in exchange for your labor - - if that's what you want.

Just as long as the "consideration" for the contract; e.g., your painting labor, and my oranges, are "legal" then the contract is fully enforceable on those terms.

IAAL
 
L

ltj2457

Guest
reply to the reply by i am always liable

I went to pay my landlord in cash and he said that he does not accept it. He said "read my lease". so I gather I agreed to his terms. My question is does ny declare legal tender to be accepted by all thereby nolifying the agreement. If I am not mistaken an illegal agreement is not binding.

Lenny
 

I AM ALWAYS LIABLE

Senior Member
Re: reply to the reply by i am always liable

ltj2457 said:
I went to pay my landlord in cash and he said that he does not accept it. He said "read my lease". so I gather I agreed to his terms. My question is does ny declare legal tender to be accepted by all thereby nolifying the agreement. If I am not mistaken an illegal agreement is not binding.

Lenny

My response:

No, it's not an "illegal agreement."

Didn't you read or understand what I already wrote?

What is the matter with your brain?

Two people can agree to any type or form of "consideration" they choose, in a written contract. Just as long as the "consideration" itself is legal. If so, the contract is FULLY enforceable. So, if the landlord is saying to you, "Our contract states that you and I agreed that you'll pay your rent with a cashier's check or money order", then that's perfectly legal. No one "has" to accept cash, if the contracting parties have agreed to another "form" or
"type" of "consideration." For example, if you and your landlord agreed that your rent can be paid in Marijuana each month, that would be an unenforceable contract because the "consideration" (the marijuana) itself is illegal.

And besides, why would you want to pay a landlord in cash? That's just asking for trouble.

IAAL
 
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L

ltj2457

Guest
responce

ok ty although I did not like your sarcasym. however fuel for thought. when you go to a parking garage and you leave your car with them you are agreeing with their rules, which inevitably always says they are not responsible for damage done to your car from vandilism. now we both no they can say whatever they want and you can agree to those rules when you give then your keys solidifying the agreement, but courts have always upheld the damage claims by the vehicle owners. In otherwords an agreement that is illegal is nul and void and has no merit. so all i was asking if ny state had a law governing legal tender. i knew the federal government did not. so i understood from the begining, on a federal level, that a business can requier payment in any form they see fit. and now i no on a state level also.
 

saintjoe69

Junior Member
agreements on checks?

I was wondering if a binding legal agreement could be made using a check?

I have seen checks written with something similar: If this check is cashed, then you agree to the terms below, etc.

1. Is this a binding agreement?
2. If so, can I pull the same stunt on a collection agency when trying to settle a past due account?

In other words, would they be legally bound by conditions written on the check if they decide to cash it?

Example: By cashing this check as a settlement, you agree to delete my account from the 3 major credit bureaus.
 

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