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-   -   Payback Time to the DMV! (https://www.cotep.org/forum/showthread.php?t=14200)

dw1911 01-14-2017 09:08 AM

Payback Time to the DMV!
 
http://bcove.me/0o7frrxy

FfNJGTFO 01-14-2017 09:41 AM

And, I believe he's within his right to do it. In general, a merchant (or govt. agency) is not permitted to refuse US currency as payment for a debt. Otherwise, the debt is cancelled. They can require "exact change" or a ceiling on the denomination accepted (to prevent bogus bills), but they can't refuse cash, in any other cases, lest the debt be cancelled.

Gatorade 01-14-2017 10:12 AM

The thing is I wouldn't expect a typical DMV employee to bat an eye.

DMV Employee-> Just put it behind the desk.

DMV Employee in a loud voice to all the other people in line-> We will be with the next person in line as soon as we finish counting, sorting and wrapping all these coins.


Also if he was really smart he would add some dimes and nickels in there so they need to sort the coins and not just dump them in the tubes.

sdmc530 01-14-2017 10:18 AM

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. No debt would be cancelled. I am going to find the exact law so I can show the verbiage though.

I think this is very stupid. VERY!!! He got his 5 minutes of fame and cost him 2K just do make a point.....what an idiot. Just pay your damn taxes like everybody else. People like this should stay in their bunker with their tin foil hat on keep there HAM radio warmed up to spy on the Russians!

sdmc530 01-14-2017 10:21 AM

Quote:

Originally Posted by Gatorade (Post 144049)
The thing is I wouldn't expect a typical DMV employee to bat an eye.

DMV Employee-> Just put it behind the desk.

DMV Employee in a loud voice to all the other people in line-> We will be with the next person in line as soon as we finish counting, sorting and wrapping all these coins.


Also if he was really smart he would add some dimes and nickels in there so they need to sort the coins and not just dump them in the tubes.


yep, so the other 30 people there on their lunch breaks for whatever that have limited time would now be stuck there for whatever time or have to come back because this guy was "making a point"

If I were the DMV I would have this a bit differently. I would have said you can return with cash that is not in pennies or you have to wait until we count every penny and you have to be here the whole time to make sure we don't steal any. Then I would find the oldest guy on staff and make the one person count it. It would take him forever.....that would have been better.

Gatorade 01-14-2017 10:23 AM

The thing is I wouldn't expect a typical DMV employee to bat an eye.

DMV Employee-> Just put it behind the desk.

DMV Employee in a loud voice to all the other people in line-> We will be with the next person in line as soon as we finish counting, sorting and wrapping all these coins.


Also if he was really smart he would add some dimes and nickels in there so they need to sort the coins and not just dump them in the tubes.

RKP 01-14-2017 11:00 AM

Quote:

Originally Posted by sdmc530 (Post 144050)
...... I think this is very stupid. VERY!!! ...... People like this should stay in their bunker with their tin foil hat on and keep their HAM radio warmed up to spy on the Russians!

Quote:

Originally Posted by sdmc530 (Post 144051)
...... If I were the DMV I would have handled this a bit differently. I would have said you can return with cash that is not in pennies or you have to wait until we count every penny and you have to be here the whole time to make sure we don't steal any. Then I would find the oldest guy on staff and make the one person count it. It would take him forever.....that would have been better.

The guys not too bright, but, Phil's got the right idea on how it should of been handled though.

DrHenley 01-14-2017 11:54 AM

Quote:

Originally Posted by sdmc530 (Post 144050)
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.

http://www.cotep.org/forum/picture.p...&pictureid=888

FfNJGTFO 01-14-2017 12:01 PM

Quote:

Originally Posted by sdmc530 (Post 144050)
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. No debt would be cancelled. I am going to find the exact law so I can show the verbiage though.

I'd be interested in seeing that law, as well. This might turn into a "federal" vs. "States rights" thing.

Anyway, if I were the head of the DMV, I'd invest in an industrial strength "coin counter" machine and I'd force the payee to use it t have the pennies counted. Once counted, the machine would have the payee's record credited for that amount. Of course, that coin counter machine would deduct a 5% commission from the balance, for its use. I'm therefore not refusing US Currency. I'm just requiring that you pay it not via the human agent, but via the machine that will gladly accept your pennies and free up the human agents to handle other customers (and make a nominal profit for the agency). :D

FfNJGTFO 01-14-2017 01:34 PM

Quote:

Originally Posted by DrHenley (Post 144058)
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:



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

So, as long as the debt is already established and exists, they have to accept US Currency. It would be interesting to see how the minutiae of this play out in various scenarios. For example, fast food drive in Windows. Does the act of ordering the food in the speaker establish the debt? After all, they often do quote the "amount due" in that speaker. Or, are you still paying "in advance" when you get to the payment window and before the food is "delivered" at window 2?


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