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Old 01-14-2017, 11:54 AM
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DrHenley DrHenley is offline
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Quote:
Originally Posted by sdmc530 View Post
Not here, we have a law saying that a merchant can refuse type of payment if it has a valid reason, like the payee is using "pennies" just to create a hardship or trying to be difficult. If a person came into our DMV with pennies they would be directed to the bank to get cash.
DEPENDS on whether you are paying in advance, or paying in arrears. To refuse payment in arrears would be in violation of U.S. Code Pub.L. 89–81, 79 Stat. 254

to wit:

Quote:
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.
See: https://www.treasury.gov/resource-ce...al-tender.aspx

The guy in the video was paying a tax, therefore subject to legal tender laws. If he were paying for a new driver's license, that would possibly not be subject to legal tender laws, and the DMV could refuse payment.

That was passed in order to FORCE people to accept the new clad coins. Prior to that there were limits on legal tender status of coinage. In fact, the limit for pennies prior to the act was 25 cents.

You have to understand what "Legal Tender" is. If you go to the store and try to check out with pennies, they can refuse to transact business with you and tell you to put the items back on the shelf. But ANY debt, public or private, including paying the bill in a restaurant AFTER you have eaten the meal, is subject to the legal tender laws.

However if you go into a restaurant that requires payment in advance, they can require any type of payment they want, and refuse to do business with you if you don't agree. They can even ask you to pay in jelly beans.

The DMV can refuse payment IN ADVANCE, but they cannot refuse payment IN ARREARS, which would be a debt, or payment for a tax.

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Last edited by DrHenley; 01-14-2017 at 12:14 PM.
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