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To: GeorgefromGeorgia; Leftism is Mentally Deranged; Keith in Iowa; ridesthemiles; brownsfan; ...
The pennies ARE "legal tender," but the electric company does not have to accept them for payment of the bill.

All U.S. currency and coins are legal tender today, according to 31 U.S.C. Section 5103. This was not true in the past -- until the 1870s, pennies were legal tender only up to debts of $0.10, and all other coins up to $10.00. The Coinage Act of 1965 made all U.S. coins legal tender for all debts, public and private.

Just because they are legal tender does not mean that a private citizen or entity is required to accept them; it DOES mean that the Federal Reserve is required to accept them.

A person or business is free to say he/it will not accept bills over $20, or that he/it will only accept nickels, or that he/it will only accept debit cards and not cash, ad nauseum.

The U.S. Treasury's take on this can be found at http://www.ustreas.gov/education/faq/currency/legal-tender.html#q1. There are also Federal appellate court cases on this point; I used them when teaching legal research and writing at a law school.

As to whether States can pass laws regarding the acceptance of Federal currency and coins, my guess (not researched, but pretty darn certain) is that a State law that purported to limit the use of federal coins and currency as legal tender would be unconstitutional.

Last fall, a former co-worker (a paralegal who thought she knew all law better than any attorney) attempted to pay a debt owed to her ex-husband in pennies. He refused them, she refused to tender any other payment, and she was found in contempt. True, the actions of a State District Court judge doesn't set Federal law, but it's the only time I've actually run into this issue in life -- other than using it as a topic for teaching in law school.

70 posted on 03/08/2007 9:01:27 AM PST by Scoutmaster (You knew the job was dangerous when you took it, Fred)
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To: Scoutmaster

Good Info, Thanks


86 posted on 03/08/2007 9:49:20 AM PST by GeorgefromGeorgia
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