5 ms·
In the entire US there is also the (sometimes misunderstood) "legal tender" doctrine. By law US currency is "legal tender" for settling any debt. This means ca
by galdosdi 5y ago
In the entire US there is also the (sometimes misunderstood) "legal tender" doctrine. By law US currency is "legal tender" for settling any debt.
This means cash cannot be refused for a service/product that has already been provided. Businesses are still free to be picky (eg, no cash, or no coins, or no $100 bills, etc) if they haven't actually provided the service yet.
So for example at a cashless counter serve restaurant that requires me to pay before getting my food, they can indeed refuse to take cash.
But at a place that gives you your food first and then the bill, they have to accept cash. They have no legal recourse if you give them cash and they don't want it.
- deleted 5y ago[deleted]
- traceroute66 5y ago> "legal tender" doctrine Yeah, erm. I think you might need to revise your understanding. Three things for you to contemplate: 1) Credit/debit cards are not "legal tender", a card transaction is not an exchange of "legal tender" and yet it is a perfectly valid means of payment. 2) "legal tender" relates to payments on or to the order of the government (i.e. taxes, fines etc.). The government is the only entity that is required to accept your cash as tender to pay the debt. Private businesses and private individuals can decide of their own free will as to whether or not they wish to accept cash. 3) The *ONLY* time "legal tender" applies to private transactions is if someone sues you for non-payment and you pay *INTO COURT* the value of the debt in cash (the "INTO COURT" bit being the important bit, i.e. it brings us back to (2) you are paying on the order of the court, a public-sector body, which is required to accept "legal tender").
- iaabtpbtpnn 5y agoIt says right on the face of all US paper money that it’s legal tender for all debts, public and private. So I think your explanation requires an authoritative source that agrees with you, like a government website.
- traceroute66 5y ago> So I think your explanation requires an authoritative source that agrees with you The FED good enough for you ? ;-) https://www.federalreserve.gov/faqs/currency_12772.htm https://www.federalreserve.gov/faqs/currency_12772.htm As I said. Its valid for private debts IF you decide to let it get to a point where you are forced to pay it INTO COURT. Otherwise the business is free to do what they like.
- vorpalhex 5y agoYou may want to reread your source. > Section 31 U.S.C. 5103, entitled "Legal tender," 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 U.S. money as identified above is a valid and legal offer of payment for debts when tendered to a creditor.
- Dracophoenix 5y agoIANAL. This law establishes a default position in case no prior arrangement for a medium of exchange had been agreed to or requested in a contract or such a medium of transaction could not be reasonably accommodated. Legal tender doctrine is not a universal edict applied to every transaction. https://www.forbes.com/sites/nathanlewis/2017/04/18/what-is-a-legal-tender-law-and-is-it-a-problem/?sh=6bad28a625da https://www.forbes.com/sites/nathanlewis/2017/04/18/what-is-...
- vorpalhex 5y ago> This statute means that all U.S. money as identified above is a valid and legal offer of payment for debts when tendered to a creditor.
- Dracophoenix 5y agoProvided a contract or agreement doesn't stipulate otherwise. A way to think about this is that while the constitution recognizes freedom of speech, signing an NDA results in the exchanges of one's right to disclose certain information in exchange for the privileges and benefits of employment.
- wolverine876 5y agoI think you might find yourself arrested, regardless of your legal theory.
- galdosdi 5y agoWow, do you honestly believe that? What planet do you live on where clerks and waiters FLIP OUT AND CALL THE POLICE over the mild inconvenience of being offered cash to pay the bill? From experience here on planet earth they will be mildly annoyed and sigh and move on.