Coinage Act of 1965 and Illinois Vehicle Code

[Floridatrail]

Overall, I'd like to know if my interpretation of the Coinage Act of 1965 is correct regarding legal tender. And, if my interpretation of the Illinois Vehicle Code is correct.

 

[Floridatrail]

If you want to get even, hang the tag on a rearview mirror and set the mirror on the dash.

I didn't think about that one, I'll try that this week. I'll let you know what happens.

 

[Floridatrail]

Sue them. However, just as you may be required to have books for class, I think you will find they can require a rearview mirror for permits.

Good point. There's no need to sue. I've agreed to pay the fine. However, in a seemingly inconvenient way via pennies. As far as I know, I'm able to according to what I've previously stated but they say no.

 

[LillianX]

let me tell you what is going to happen if they continue to refuse pennies and you continue to insist on paying with pennies.

You are going to have an unpaid ticket. When it comes time to graduate, you won't. If you want a copy of your transcripts, you won't get them. If you try to transfer to another school, they will not forward your transcripts until the ticket is paid.

If you want a stand off, they are in a great position. You, not so much.


Good luck.

This. A thousand times this. And it isn't something you can fight with the dean. He's not in a position to force the parking ticket people to accept pennies. This is something you fight in COURT. That means paying an attorney thousands of dollars to argue this for you (attorneys don't take pennies.)

 

[Floridatrail]

This. A thousand times this. And it isn't something you can fight with the dean. He's not in a position to force the parking ticket people to accept pennies. This is something you fight in COURT. That means paying an attorney thousands of dollars to argue this for you (attorneys don't take pennies.)

Good point. There is an attorney involved indirectly because I've contacted the paper and the paper told me, "we are consulting our attorney." I don't know anything about the attorney nor did I ask for one. I also don't know what the attorney has concluded at this point. If the attorney says I've got something then we'll see but I'll happily pay it if I'm advised to. Again, I'm here because I'm looking for people's thoughts on the interpretation of the coinage act and vehicle code.

What do you mean the dean is in no position to tell the police to take the pennies? Aren't the police employees of the school and therefore, answerable to the dean or some administrative position?

 

[LillianX]

Good point. There is an attorney involved indirectly because I've contacted the paper and the paper told me, "we are consulting our attorney." I don't know anything about the attorney nor did I ask for one. I also don't know what the attorney has concluded at this point. If the attorney says I've got something then we'll see but I'll happily pay it if I'm advised to. Again, I'm here because I'm looking for people's thoughts on the interpretation of the coinage act and vehicle code.

What do you mean the dean is in no position to tell the police to take the pennies? Aren't the police employees of the school and therefore, answerable to the dean or some administrative position?

I don't know how it works at your school. At my undergrad school, the university police did not work for the university. They were some sort of contract situation, and worked for the Schoolnamewithheld University Police. At my grad school, the police administration worked for the school, and the actual police were contracted. At my law school, the police work for the university.

 

[Floridatrail]

I don't know how it works at your school. At my undergrad school, the university police did not work for the university. They were some sort of contract situation, and worked for the Schoolnamewithheld University Police. At my grad school, the police administration worked for the school, and the actual police were contracted. At my law school, the police work for the university.

Another good point. I'll have to look into whether the police are college employees, contracted, or city adjuncts of some sort.

 

[justalayman]

Overall, I'd like to know if my interpretation of the Coinage Act of 1965 is correct regarding legal tender. And, if my interpretation of the Illinois Vehicle Code is correct.

Ok, let's go back to the site everybody wants to link:

I thought that United States currency was legal tender for all debts. Some businesses or governmental agencies say that they will only accept checks, money orders or credit cards as payment, and others will only accept currency notes in denominations of $20 or smaller. Isn't this illegal?
The pertinent portion of law that applies to your question is the 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 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.

Notice that the question asks about businesses or government offices refusing to accept cash or certain denominations. Then, notice the answer. It states what legal tender is. It does not say anybody is required to accept any particular denomination and again, note that the question did include government offices.

and for fun, research this case and tell me how things turned out:

State v. Carroll, 1997 WL 118064 (Ohio App. 4 Dist.)

 

[Floridatrail]

Ok, let's go back to the site everybody wants to link:




Notice that the question asks about businesses or government offices refusing to accept cash or certain denominations. Then, notice the answer. It states what legal tender is. It does not say anybody is required to accept any particular denomination and again, note that the question did include government offices.

and for fun, research this case and tell me how things turned out:

State v. Carroll, 1997 WL 118064 (Ohio App. 4 Dist.)

I read the State v. Caroll case. Interesting. It appears a lot of gray area there. I've heard of this case before through my reading. I've researched law once before in this "depth" and came across it somehow. I think it was in context of police dealings when I found it. Good read. May I ask, what was the purpose of the reference?

While the question on the site doesn't pertain to my issue specifically, I'm referring to the interpretation of the coinage act.

"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."

I'm saying pennies are a "legal offer of payment" or rather, the treasury dept. is. I'm beginning to see how one can say, "that doesn't mean they have to take it even if pennies are legal tender." I don't want to go to court over this. That would be absurd. I do want to see how far I, as a single, lay-person, I'm able to go and do. As far as I know, pennies are legal tender and I want to pay with pennies. I do appreciate your help though. It is slightly empowering when one is able to learn about law and at least, attempt to use it.

 

[justalayman]

F

loridatrail;2921333]I read the State v. Caroll case. Interesting. It appears a lot of gray area there. I've heard of this case before through my reading. I've researched law once before in this "depth" and came across it somehow. I think it was in context of police dealings when I found it. Good read. May I ask, what was the purpose of the reference?

well, since it involved a person that wanted to pay a $128 fine with pennies and was refused and the court upheld the governments right to limit the type of currency they accept, well, I just don't know how it might be pertinent here. (sarcasm if you didn't catch it)

While the question on the site doesn't pertain to my issue specifically, I'm referring to the interpretation of the coinage act.

that case addresses a situation where a government agency refused to accept coins as payment for a debt and their decision was upheld by the courts. I would think that plays directly on the coinage act.

"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."

I'm saying pennies are a "legal offer of payment" or rather, the treasury dept. is. I'm beginning to see how one can say, "that doesn't mean they have to take it even if pennies are legal tender." I don't want to go to court over this. That would absurd. I do want to see how far I, as a single, lay-person, I'm able to go and do. As far as I know, pennies are legal tender and I want to pay with pennies. I do appreciate your help though. It is slightly empowering when one is able to learn about law and at least, attempt to use it.

again, you make the mistake of reading where it states what is legal tender and claim that means rules on what can be accepted are illegal. They aren't. All they are stating when they define legal tender is what is acceptable to the government for payment of debts to the government. It does not mean they have to accept any particular denomination or cannot limit the quantity of any particular denomination.

when you find a law that requires the government (which I still do not believe applies to the college) must accept any quantity of any coin, then you win. Got such a citation?