Legal Tender for debt

[tr1212]

What is the name of your state? Nebraska

The county sheriff is acting as an agent for the creditor in the collection of a debt enforced by court execution.

The sheriff's agent at the counter of his office has said they will no longer accept cash payment. Specifically, my income is in tips, so the money I have is in one dollar bills. The total amount is $100 each payment.

According to federal law (Coinage Act of 1965) when paying a debt, they do not have the right to refuse such payment (even if I presented a wheelbarrow full of pennies).

I am not trying to be difficult. From the time I get off work till the Sheriff's office closes, I don't usually have time to go to a bank to change this to larger bills. Besides, a competent person can count $100 in $1 bills in a minute or less.

Since this is specifically being paid as a debt, I believe the law applies.

I have informed a sherrif's deputy who was present that this is a violation of the law. Perhaps I should cite it.

What remedies would I have. If they do refuse to accept payment, should I bring a witness, or ask the agent to sign a statement that they have refused? Finally, what would happen? Would the sherrif still be entitled to sieze my property over this issue? Would I cease to owe the debt?

Thanks!

 

[Ladynred]

Would the sherrif still be entitled to sieze my property over this issue?

If you don't make your payment, then the judgment creditor CAN seek other means of execution of the judgment.

Would I cease to owe the debt?

Absolutely not.

Chances are the Sheriff's office just doesn't want to have to handle cash for various reasons. Is there anywhere you can get a money order done after work ?

 

[tr1212]

I have used a money order whenever I had the time. But there is often little time between when I get off work and when the sheriff closes, so I cannot always do this. I work 6 days a week as it is. It is not that I wish to be obtuse or disrespectful. And, no, they just don't want smaller bills!

Does this federal law apply at all?

Thanks again!

 

[justalayman]

Go to a 24hr Wal-Mart and buy a money order...

 

[tr1212]

I'm sorry I haven't made myself clear. I work till 4:30 PM. It is there, at work, where I get the money to apply to this debt. The sheriff's office closes at 5 P.M. I'm luck if I get there in time. I typically don't have the money the day before. To go to Walmart would take an extra 20 minutes at least.

So much for the details of the logistics of this. What I was really asking wasn't for practical advice. When I have enough money the day before, I have done this. Am I legally required to get a money order, or is the sheriff legally required to accept US currency for a debt? What I'd like now is legal advise, if possible.

Is the law applicable here? How would it be enforced?

Thanks again!

 

[JETX]

According to federal law (Coinage Act of 1965) when paying a debt, they do not have the right to refuse such payment (even if I presented a wheelbarrow full of pennies).

Sorry, but wrong.
The 'Coinage Act of 1965' has nothing to do with accepting currency... it only provides that US coins and currency are legal tender.

"31 U.S.C. 5103, entitled "Legal tender," which states: "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."

This statute means that all United States money as identified above are a valid and legal offer of payment for debts when tendered to a creditor. There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. 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. For example, a bus line may prohibit payment of fares in pennies or dollar bills. In addition, movie theaters, convenience stores and gas stations may refuse to accept large denomination currency (usually notes above $20) as a matter of policy.
http://www.treas.gov/education/faq/currency/legal-tender.shtml

I don't usually have time to go to a bank to change this to larger bills.

Then go the next day before work.... or any of 100 other solutions to this 'problem'.

Besides, a competent person can count $100 in $1 bills in a minute or less.

Not relevant.

Since this is specifically being paid as a debt, I believe the law applies.

I have informed a sherrif's deputy who was present that this is a violation of the law. Perhaps I should cite it.

ROTFLMAO!!! If you are going to do that, I hope you have a better (more applicable) law to cite!!

What remedies would I have.

100's.

If they do refuse to accept payment, should I bring a witness, or ask the agent to sign a statement that they have refused?

Of course you can.. but there is no reason for either.

Finally, what would happen?

Pretty much... nothing.

Would the sherrif still be entitled to sieze my property over this issue?

As a process of judgment enforcement, yes.

Would I cease to owe the debt?

Nope.

Thanks!

You're welcome.

 

[BelizeBreeze]

awwww hell, have a little fun. Just show up late with a wheelbarrow full of pennies....at least it will give US a laugh when we don't hear from you for awhile

 

[justalayman]

JETX , you disappoint me. I expected to hear,

"ATTENTION: The previous question was a test, if this were an actual situation it wouldn't have been so textbook perfect".

 

[tr1212]

I'm sorry to have become just a joke.

So, to cite law on this:

Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," which states: "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."

this is a more recent version of the law that goes back to a U. S. Supreme Court decision Knox v. Lee (1871) in which a private lender was required to accept "greenback" dollars (which were considered devalued) in payment of a debt.

So, you're saying this law does not apply to my debt? Can the lender require payment is silver at face value if he wishes (thereby collecting many times the actual amount owed.) Indeed, the lender is not required to accept a check or money order, but is required to accept cash.

Indeed, I felt this was reasonable, as this is payment of a debt, the specific case to which this law applies. A store is not required to accept cash in exchange for goods or services. It is specifically for a DEBT that this applies.

Thanks again. If you don't like the question, please don't respond. OK? If no one responds, I'll stop trying to clarify and correct mistaken understandings of this problem.

 

[BelizeBreeze]

I'm sorry to have become just a joke.

So, to cite law on this:

Coinage Act of 1965, specifically Section 31 U.S.C. 5103, entitled "Legal tender," which states: "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."

this is a more recent version of the law that goes back to a U. S. Supreme Court decision Knox v. Lee (1871) in which a private lender was required to accept "greenback" dollars (which were considered devalued) in payment of a debt.

So, you're saying this law does not apply to my debt? Can the lender require payment is silver at face value if he wishes (thereby collecting many times the actual amount owed.) Indeed, the lender is not required to accept a check or money order, but is required to accept cash.

Indeed, I felt this was reasonable, as this is payment of a debt, the specific case to which this law applies. A store is not required to accept cash in exchange for goods or services. It is specifically for a DEBT that this applies.

Thanks again. If you don't like the question, please don't respond. OK? If no one responds, I'll stop trying to clarify and correct mistaken understandings of this problem.

Read the entire act, all case law on the subject and all progeny then come back here and show us ONE of the above which REQUIRES a vendor to accept payment in any form.

We'll wait.

 

[tr1212]

Gladly.

Is all this available online? Or will I spend my day off at the library?

So, my idea that there is anything enforcable here is ludicrous? It seems to have been enforced in the case sited in my last post, although under an older law.

This is not a joke or a test. It is actually happening. I've tried to do some limited research on it, and I've already posted that.

If a lender cannot be forced to accept legal tender in payment of a debt, it seems they could refuse payment in order to sieze property. The legal theory here is that the congress passed a law requiring them to accept cash for two purposes: to prevent lenders from refusing payment in the course of legal action, and to establish the value of the money. It also seems the Supreme Court has upheld this previously.

I mentioned the thing about the pennies only to try to establish I am not doing this to be difficult, but that it is a real necessity. I get paid in one dollar bills often one or two at a time. At times, I have to be able to pay my debts that way. I pay my gas bill that way! I pay my electric bill that way! No joke. I don't get any funny looks.

Again, I ask that, if you find this issue unreasonable, just don't respond. OK?

Thanks.

 

[justalayman]

The sheriff's agent at the counter of his office has said they will no longer accept cash payment. Specifically, my income is in tips, so the money I have is in one dollar bills. The total amount is $100 each payment.

$1 bill tips..HHHHHHHHHHHHHHHMMMMMMMMMMMMMMM.

 

[TigerD]

Here's a trick.

Leave work 15 minutes early. Stop at the gas station. The average person there is capable of counting to 100. Get MO. Go to Sheriff's office. Pay debt.

Your excuse of not having the time to pay your bill is silly. You have a lunch break. You can leave early. You can go in a little late.

Time to be an adult now. Stop looking for loopholes and legal points. Just buy a money order and get on with your life.

DC

 

[tr1212]

Yes, $1 tips. At a truck stop counter, you typically wait on a single person, not several at a table. Your tip is 1 or 2 dollars. That's about it. You try to wait on 40 or 50 persons in a shift, one at a time. The restaurant pays $2.65 an hour, but the taxes on your tips come out of that, so the paycheck can be very small, maybe $40 for 2 weeks.

I'm sorry if you think this is a joke. It isn't. I can pay my bills, but only if they'll accept money. If they sieze my vehicle, I'm done! Can't get to work. End of story.

Thanks for anyone who cares to actually help!

 

[BelizeBreeze]

Yes, $1 tips. At a truck stop counter, you typically wait on a single person, not several at a table. Your tip is 1 or 2 dollars. That's about it. You try to wait on 40 or 50 persons in a shift, one at a time. The restaurant pays $2.65 an hour, but the taxes on your tips come out of that, so the paycheck can be very small, maybe $40 for 2 weeks.

I'm sorry if you think this is a joke. It isn't. I can pay my bills, but only if they'll accept money. If they sieze my vehicle, I'm done! Can't get to work. End of story.

Thanks for anyone who cares to actually help!

Wait now. You work at a truck stop. And most large truck stops that I have stopped at have money orders. So your excuse of not having time before getting off work just went flying out the window.