Paying with pennies

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CynicismKills said:
Espy said:
Here's a fun fact: Have you ever been to a coffee shop or gas station where they won't let you use a credit card if you don't by 5 bucks worth of stuff?
Yeah... they can't do that.
It violates the contract they sign with the credit cart company. Now you might not be able to stop them, I guess you could call your credit card company and tell them a business won't accept your VISA card and they will probably go after them, but it's just a little scam by these places to get you to buy more and for them to avoid paying the fee for using credit cards.
Yeah, a lot of the local businesses near me do this, and it's smurfing annoying. I have a debit card and credit card so I can avoid carrying cash, damnit.
My business GETS business from places like that. It's really stupid of them to turn away people who want to give you money, not to mention illegal.
 
Bowielee said:
I think it was a funny "protest" but the fact that they wasted police time is extremely irksome to me.
He didn't waste the police's time. She did by not accepting the tender.
 
Shegokigo said:
Bowielee said:
I think it was a funny "protest" but the fact that they wasted police time is extremely irksome to me.
He didn't waste the police's time. She did by not accepting the tender.
She's not the one who called the police, he is.
 
Bowielee said:
Shegokigo said:
Bowielee said:
I think it was a funny "protest" but the fact that they wasted police time is extremely irksome to me.
He didn't waste the police's time. She did by not accepting the tender.
She's not the one who called the police, he is.
Because of her actions, he even warned her and she says "Go Ahead".
 
Um, again. No? Had she cooperated and followed the law there would have been no issue.

What you're saying here is anyone reporting the law being broken is wasting the police's time?
 
Shegokigo said:
Um, again. No? Had she cooperated and followed the law there would have been no issue.

What you're saying here is anyone reporting the law being broken is wasting the police's time?
Now you know your victims will be blamed for calling 9-1-1. I mean, geez. Police upholding the law. That is not what they're paid to... erm....
 

figmentPez

Staff member
Bowielee said:
Yes, but it was a situation that he intentionally created. She didn't waste the police's time, he did.
I agree. This guy was intentionally being a jerk, period. He was taking his frustration out, and chose a very poor way of doing it. He didn't have to pay in pennies, he did so specifically to harass the towing company. The police should not have sided with him. I don't care if it is legal tender, it's absurdity. Just because it's the letter of the law does not mean it's acceptable behavior. If he wanted to make a protest, he should have taken another route to do so.

Is no one going to answer my previous question about getting paid, yourself, in pennies? Despite the joke, it was a serious question. If someone owed you money, how large an amount of pennies would it take for you to consider it non-payment? Would a ton of pennies (2,000lbs. or $3,680) sitting in your driveway change your mind? Or would you consider it payment of the debt, even if it cost you hundreds of dollars to get it carted away and counted?

-- Sun Aug 02, 2009 2:21 pm --

CrimsonSoul said:
but it WAS an actual crime...
That's debateable. Until there is actual legal precedent, where someone was successfully sued for not taking payment in pennies, it's not necessarily what is supposed to be enforced. Even beyond that, it's probably a cival mater and not a criminal one. The situation could have easily been solved without involving the police. No one's health or welfare was in danger, and the guy trying to pay the fine could have solved it faster than calling the police, simply by exchanging the money himself.
 
figmentPez said:
I agree. This guy was intentionally being a jerk, period. He was taking his frustration out, and chose a very poor way of doing it. He didn't have to pay in pennies, he did so specifically to harass the towing company. The police should not have sided with him. I don't care if it is legal tender, it's absurdity. Just because it's the letter of the law does not mean it's acceptable behavior. If he wanted to make a protest, he should have taken another route to do so.
So? I agree. It was absurd, rude, unacceptable behavior. It's also the law. The law does not equal justice. They are not the same and they never will be. The police were not there to dispense justice; they were there to uphold the law. Law is not about what's right; it's about rules.
 
figmentPez said:
I agree. This guy was intentionally being a jerk, period. He was taking his frustration out, and chose a very poor way of doing it. He didn't have to pay in pennies, he did so specifically to harass the towing company. The police should not have sided with him. I don't care if it is legal tender, it's absurdity. Just because it's the letter of the law does not mean it's acceptable behavior. If he wanted to make a protest, he should have taken another route to do so.
So if someone is being a jerk, they're not entitled to law enforcement's assistance?

Gotcha.

If I'm ever mugged, I'll try and be respectful and kind to the mugger.
 
In my employment I read hundreds, probably thousands of court cases. Justice is not the law. It's unfortunate, and I've seen judges trying their best to work with people who are unfortunately wronged by the law. I never want to be a judge, because honestly, many of them feel like scum at the end of the day for what they have to enforce. It's sad, but it is the system.
 

figmentPez

Staff member
escushion said:
So? I agree. It was absurd, rude, unacceptable behavior. It's also the law. The law does not equal justice. They are not the same and they never will be. The police were not there to dispense justice; they were there to uphold the law. Law is not about what's right; it's about rules.
Yes, and what the law dictates that the police do in a situation like this is not clear. They should not have been called at all, because there was no need for a police officer. The situation was not violent, no one's health or welfare was at stake, and there were many ways to resolve the situation without involving the police. The young man who wanted to pay his fine had many options besides calling the police. He could have exchanged the pennies himself, and paid the fine with folding money. He could have called a lawyer and used that method of persuasion. He could have asked to see a supervisor. Simply put, he was intent on being a jerk, and I see no rational reason why the police or the law should assist him in doing so, even if the letter of the law is on his side. I realize that the law is about rules, but I also realize that is not the ideal of the law, it is not the goal of the system, even if it is often the result.
 
Or you know, she could have followed the law and taken the legal tender. :slywink:

The argument here isn't whether the police needed to be involved. It's who was the cause of them having to be there.
 

figmentPez

Staff member
Shegokigo said:
Or you know, she could have followed the law and taken the legal tender. :slywink:
Actually, as stated earlier, if a busniess has a right to add a surcharge for handling of money, then his pennies were not enough to pay the debt, and she had no obligation to accept partial payment.
 
Shegokigo said:
Or you know, she could have followed the law and taken the legal tender. :slywink:

The argument here isn't whether the police needed to be involved. It's who was the cause of them having to be there.
No, actually that's my argument. the entire situation was a waste of police resources for no good reason.

Especially because the guy who had his car towed can hardly take the moral high ground seeing as it's his fault his car was towed in the first place.
 
Again, if it were a private business. Sure.

Government mandated? Nope.
Bowielee said:
No, actually that's my argument. the entire situation was a waste of police resources for no good reason.
I agree. What I don't agree with is who you're blaming. You're honestly saying the person breaking the law isn't the one who is responsible for the police being involved?
Bowielee said:
Especially because the guy who had his car towed can hardly take the moral high ground seeing as it's his fault his car was towed in the first place.
So now if you're of "no morals" you don't deserve law enforcement?

Your opinons are getting more interesting by the minute.
 
Bowielee said:
There's a big difference between responding to an actual crime and supporting some dick's practical joke.
Except, hey, it was an actual crime, albeit not a violent one. Regardless of how much of a dick move you thought it was, the guy was within his rights to settle a contractual debt with any form of legal tender he so chose. If the business whom he owes the debt to chooses not to accept legal tender, and forces him to call the police, that's the business wasting the police's time, by trying to force the guy to do something he's not required to do: Roll pennies, pay in folding money, etc.
 
Tinwhistler said:
Bowielee said:
There's a big difference between responding to an actual crime and supporting some *'s practical joke.
Except, hey, it was an actual crime, albeit not a violent one.
People keep saying this, but I have yet to see a precident. If it was a crime, why wasn't the girl arrested?
 
Bowielee said:
People keep saying this, but I have yet to see a precident. If it was a crime, why wasn't the girl arrested?
Because she gave in. Oh, and Tin already posted why it's a crime.
 

figmentPez

Staff member
Shegokigo said:
The argument here isn't whether the police needed to be involved. It's who was the cause of them having to be there.
The police didn't need to be involved, even if the cashier was in the wrong. There were other options available to resolve the matter.
 
figmentPez said:
Shegokigo said:
The argument here isn't whether the police needed to be involved. It's who was the cause of them having to be there.
The police didn't need to be involved, even if the cashier was in the wrong. There were other options available to resolve the matter.
Like her accepting the funds and following the law? Why did he have to pursue other options if he was within his legal right?
 

figmentPez

Staff member
Tinwhistler said:
How bout I just show you the law, numbskull?

31 U.S.C. § 5103.
http://www.law.cornell.edu/uscode/31/5103.shtml
How about you cite legal precedent, instead of just a statute. That little snippet says nothing about how the law is to actually be applied. It also doesn't show if there are any exceptions elsewhere in the code, which may or may not provide for reasonable limitations on how debts are to be paid.
 
figmentPez said:
Tinwhistler said:
How bout I just show you the law, numbskull?

31 U.S.C. § 5103.
http://www.law.cornell.edu/uscode/31/5103.shtml
How about you cite legal precedent, instead of just a statute. That little snippet says nothing about how the law is to actually be applied. It also doesn't show if there are any exceptions elsewhere in the code, which may or may not provide for reasonable limitations on how debts are to be paid.
Thompson v. Butler, 95 U.S. 694, 696
A coin dollar is worth no more for the purposes of tender in payment of an ordinary debt than a note dollar. The law has not made the note a standard of value any more than coin.
Legal precident that coin money is worth exactly the same as folding money in terms of paying a debt.
 
figmentPez said:
Tinwhistler said:
How bout I just show you the law, numbskull?

31 U.S.C. § 5103.
http://www.law.cornell.edu/uscode/31/5103.shtml
How about you cite legal precedent, instead of just a statute. That little snippet says nothing about how the law is to actually be applied. It also doesn't show if there are any exceptions elsewhere in the code, which may or may not provide for reasonable limitations on how debts are to be paid.
:facepalm:

So if I've never seen a legal precedent saying so, I can go knock over a liquor store because the statute doesn't specify "liquor stores"? :rofl:
 
Tinwhistler said:
Bowielee said:
Tinwhistler said:
Bowielee said:
There's a big difference between responding to an actual crime and supporting some *'s practical joke.
Except, hey, it was an actual crime, albeit not a violent one.
People keep saying this, but I have yet to see a precident. If it was a crime, why wasn't the girl arrested?
How bout I just show you the law, numbskull?

31 U.S.C. § 5103.
http://www.law.cornell.edu/uscode/31/5103.shtml
As Figmentpez linked earlier.

http://www.law.com/jsp/article.jsp?id=1120208723965
 
or how about:
Crummey v. Klein Independent School District
Regardless of any currency confusion that may have arisen in bygone eras, our present standard is clear: As legal tender, a dollar is a dollar...As legal tender, a dollar is a dollar, regardless of the physical embodiment of the currency.
in this case, it was about 50 dollar golden eagles. The court held that the coins were worth exactly $50 in the payment of a debt, and it didn't matter that they were coins.

Bowielee said:
(citing figment's article)
Read up, I already addressed that. The guy WAS ALLOWED to pay his bill in pennies, just as the lawyer was allowed to bill him for the pain in the ass in doing so. The precedent shows that he can pay in pennies.
 
Bowielee said:
Tinwhistler said:
Bowielee said:
Tinwhistler said:
Except, hey, it was an actual crime, albeit not a violent one.
People keep saying this, but I have yet to see a precident. If it was a crime, why wasn't the girl arrested?
How bout I just show you the law, numbskull?

31 U.S.C. § 5103.
http://www.law.cornell.edu/uscode/31/5103.shtml
As Figmentpez linked earlier.

http://www.law.com/jsp/article.jsp?id=1120208723965
Missing the point again Bowie. That's just an assistance to Tin's argument. The coin is still legal tender and must be taken.

Whether someone wants to charge them for the hassle later is a different argument all together.
 
Espy said:
Here's a fun fact: Have you ever been to a coffee shop or gas station where they won't let you use a credit card if you don't by 5 bucks worth of stuff?
Yeah... they can't do that.
It violates the contract they sign with the credit cart company. Now you might not be able to stop them, I guess you could call your credit card company and tell them a business won't accept your VISA card and they will probably go after them, but it's just a little scam by these places to get you to buy more and for them to avoid paying the fee for using credit cards.

yeah I have several stored near me that do that and it drives me insane.
 
So, now we have three law cases that show that payment is coin is legal tender.
Do you have any legal precedent that says that it's not?

I've jumped through your hoops. Your turn.
Find me one single case where a person was not allowed to pay via coins for a debt. One.
 

figmentPez

Staff member
Tinwhistler said:
Thompson v. Butler, 95 U.S. 694, 696
A coin dollar is worth no more for the purposes of tender in payment of an ordinary debt than a note dollar. The law has not made the note a standard of value any more than coin.
Legal precident that coin money is worth exactly the same as folding money in terms of paying a debt.
I think that's in reference to a bill backed by coin rather than a bill that is simply a promisary note. I imagine it's archaic and not applicable anymore, as I don't believe that any bills that are currently legal tender actually are backed by gold or silver in the US.

Furthermore, it makes no mention of reasonable limitations on the size of a debt that can be paid for in the smallest denomination of coin.
 
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