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<p>[QUOTE="Blaubart, post: 1559700, member: 37498"]As for the legal tender discussion, this has been covered in several other threads already. Here's the clif notes version:</p><p><br /></p><p>Legal US tender <i>can</i> be used for all debts, public and private, and here's how it works:</p><p><br /></p><p>Assume you owe someone a debt that is measured in dollars. For the purposes of this example, let's assume you make an offer to pay your debt in full using cash, this constitutes a legal and valid offer of payment. The person on the other end of the transaction has a choice at this point: They can accept your payment, or they can refuse it. If they accept it, all is well. Should they refuse it, they have refused a legal and valid offer of payment and the proverbial ball is now in their court if they still want their money.</p><p><br /></p><p>I would argue that once they refuse a legal offer of payment, they should not be able to charge you any late fees if you are late with your payment. I further believe that they should not be able to charge you any interest on your debt as it would have been paid had they accepted your payment. There are still others out there that believe your debt is null and void at that point because they refused a legal offer of repayment. I don't believe your entire debt should be "null and void", but I do firmly believe the ball is in their court to recover their money. If they want to be repaid after refusing such an offer of repayment, then depending on how much I like or dislike them, I might force them take me to court to settle the matter. Because they could play that game to their advantage for as long as they want: I come with a $100 bill to settle my $100 debt and they turn me away. I return the following day and attempt to settle my $100 debt, plus a late fee and another day's interest with $20s and they turn me away again. This time I ask what methods are acceptable and they say "Quarters!". I return the next day with quarters to pay my original debt plus late fees and two more days interest and they say "No, only pre-1965 quarters!" (If, as many here believe, private businesses do not have to accept your offer and can demand payment in any form without repercussions, why not pre-1965 quarters?") This is also why I think refusing a legal and valid offer of payment must have consequences. If you believe otherwise, try doing what I just outlined and see what the judge says about it when someone takes you to court, or when you have to take the matter to court to recover your money.[/QUOTE]</p><p><br /></p>
[QUOTE="Blaubart, post: 1559700, member: 37498"]As for the legal tender discussion, this has been covered in several other threads already. Here's the clif notes version: Legal US tender [I]can[/I] be used for all debts, public and private, and here's how it works: Assume you owe someone a debt that is measured in dollars. For the purposes of this example, let's assume you make an offer to pay your debt in full using cash, this constitutes a legal and valid offer of payment. The person on the other end of the transaction has a choice at this point: They can accept your payment, or they can refuse it. If they accept it, all is well. Should they refuse it, they have refused a legal and valid offer of payment and the proverbial ball is now in their court if they still want their money. I would argue that once they refuse a legal offer of payment, they should not be able to charge you any late fees if you are late with your payment. I further believe that they should not be able to charge you any interest on your debt as it would have been paid had they accepted your payment. There are still others out there that believe your debt is null and void at that point because they refused a legal offer of repayment. I don't believe your entire debt should be "null and void", but I do firmly believe the ball is in their court to recover their money. If they want to be repaid after refusing such an offer of repayment, then depending on how much I like or dislike them, I might force them take me to court to settle the matter. Because they could play that game to their advantage for as long as they want: I come with a $100 bill to settle my $100 debt and they turn me away. I return the following day and attempt to settle my $100 debt, plus a late fee and another day's interest with $20s and they turn me away again. This time I ask what methods are acceptable and they say "Quarters!". I return the next day with quarters to pay my original debt plus late fees and two more days interest and they say "No, only pre-1965 quarters!" (If, as many here believe, private businesses do not have to accept your offer and can demand payment in any form without repercussions, why not pre-1965 quarters?") This is also why I think refusing a legal and valid offer of payment must have consequences. If you believe otherwise, try doing what I just outlined and see what the judge says about it when someone takes you to court, or when you have to take the matter to court to recover your money.[/QUOTE]
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