# Do people really have to accept cash "for all debts public and private"?

**URL:** <https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254>\
**Category:** Factual Questions\
**Created:** [June 28, 2009, 3:39pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254 "2009-06-28T15:39:43Z")\
**Posts on this page:** 20\
**Page:** 2

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [June 29, 2009, 5:30pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/21 "2009-06-29T17:30:19Z")

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> [@Elendil\_s\_Heir](#):
>
> I was _sure_ that Cecil had addressed this very question a few years back, but couldn’t find the column in the archive…

Ah, found it! [Is it legal to pay a big debt in small change? - The Straight Dope](http://www.straightdope.com/columns/read/297/is-it-legal-to-pay-a-big-debt-in-small-change)

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**Author:** ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)\
**Post date:** [June 29, 2009, 5:33pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/22 "2009-06-29T17:33:16Z")

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> [@Elendil\_s\_Heir](#):
>
> Ah, found it! [Is it legal to pay a big debt in small change? - The Straight Dope](http://www.straightdope.com/columns/read/297/is-it-legal-to-pay-a-big-debt-in-small-change)

Sadly, Cecil’s article is long on history and short on a final answer.

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**Author:** ![AskNott](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/asknott/32/5790_2.png) [@AskNott](https://boards.straightdope.com/u/AskNott)\
**Post date:** [June 29, 2009, 6:19pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/23 "2009-06-29T18:19:12Z")

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I haven’t read all the linked articles. There are places where cash won’t get you anywhere, though. The bill says “legal tender for all debts, public and private,” but a car rental agency can refuse to create the contract at all, if all you have is cash. When there’s no contract, there’s no debt, so the “legal tender” issue doesn’t apply. If you have a briefcase full of money, you’re welcome to go to a car dealer and buy a car with cash, but don’t expect to rent one without plastic.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [June 29, 2009, 7:11pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/24 "2009-06-29T19:11:48Z")

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> [@IAmNotSpartacus](#):
>
> Do you have a cite to support this claim?

My Bro, who worked 20 years with the IRS. And of course the fact that only dollars are legal tender. Do you have a cite that American businesses can restrict sales to those paying only in Euros? NOT that they can also accept Euros, that’s OK. Not that they can choose to not accept cash at all, just Credit cards, that’s Ok too.

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [June 29, 2009, 7:13pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/25 "2009-06-29T19:13:22Z")

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> [@AskNott](#):
>
> If you have a briefcase full of money, you’re welcome to go to a car dealer and buy a car with cash, but don’t expect to rent one without plastic.

To an extent.There’s a form reporting cash sales over $10000 to the Treasury, and aslo certain dealers may not want to deal with that much cash on hand.

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**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\
**Post date:** [June 29, 2009, 7:28pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/26 "2009-06-29T19:28:55Z")

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I doubt if there’s a cite that a business in the US can require its customers to pay in euros, and not in US dollars, because in practice no business would have such a policy. There’s only the general principle of contract law that prior to the formation of a contract, including a contract for the sale of goods, the parties are free to bargain for any terms – subject to some restrictions, such as the contract not being illegal, e.g., you cannot buy or sell slaves. There’s nothing illegal about agreeing to sell something for euros, and there’s nothing illegal about refusing to sell for US dollars. So why would there be anything illegal about offering something for sale in euros, but not in US dollars?

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**Author:** ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)\
**Post date:** [June 29, 2009, 7:50pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/27 "2009-06-29T19:50:14Z")

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> [@DrDeth](#):
>
> My Bro, who worked 20 years with the IRS.

I am pretty sure that hearsay does not pass for a citation. Can you do a little better than this?

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [June 29, 2009, 7:50pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/28 "2009-06-29T19:50:35Z")

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> [@Giles](#):
>
> So why would there be anything illegal about offering something for sale in euros, but not in US dollars?

Because it’s not offering something for sale, it’s \*refusing \*legal tender. So, yes, you can offer items for sale in Euros.

What you have to show is that it is legal to refuse payment in US Dollars in the USA. Not the form of the dollars, mind you, dollars at all.

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**Author:** ![Indistinguishable](https://avatars.discourse-cdn.com/v4/letter/i/90ced4/32.png) [@Indistinguishable](https://boards.straightdope.com/u/Indistinguishable)\
**Post date:** [June 29, 2009, 7:55pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/29 "2009-06-29T19:55:36Z")

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My default presumption is that things are legal. People don’t write down statements of everything that’s permissible; they write down statements of everything that’s prohibited. Why don’t you show us a concrete cite that it would be illegal to offer something in exchange for Euros but refuse to offer it in exchange for U.S. dollars?

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**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [June 29, 2009, 7:59pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/30 "2009-06-29T19:59:08Z")

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> [@IAmNotSpartacus](#):
>
> I am pretty sure that hearsay does not pass for a citation. Can you do a little better than this?

Hearsay and conjecture are _kinds_ of evidence.

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**Author:** ![Giles](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/giles/32/60_2.png) [@Giles](https://boards.straightdope.com/u/Giles)\
**Post date:** [June 29, 2009, 8:03pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/31 "2009-06-29T20:03:34Z")

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All right, here’s a more specific hypothetical: a person goes to his local numismatists’ club, and says to anyone who asks, “I’m getting out of Greek and Roman coins, because I want to just collect Euro coins and notes. So I’ll offer any of these coins for whatever reasonable amount you have in Euros, and I won’t sell them for US dollars.” Is that person breaking any law? And, if so, what law?

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**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\
**Post date:** [June 29, 2009, 9:28pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/32 "2009-06-29T21:28:40Z")

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> [@DrDeth](#):
>
> Can you prove an American business can force it’s customers to pay ONLY in Euros? Sure, they can accept Euros, but they also have to accept dollars.

No. It is up to you to prove there is a federal law which forces businesses to accept dollars. There is no such law and I cannot prove a negative.

Repeat: there is no such law.

I hereby offer for sale a coffee mug with the inscription “I Love Jeff” for the price of 10 Euros, shipping included to anywhere in the contiguous states. I will only accept 10 Euros and nothing else. Please tell me what federal law I am breaking (and find a lawyer who agrees with you because, frankly, your opinion is worth nothing).

I hereby also predict you will just disappear from the thread without admittiong your error, as you usually do.

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**Author:** ![sailor](https://avatars.discourse-cdn.com/v4/letter/s/a587f6/32.png) [@sailor](https://boards.straightdope.com/u/sailor)\
**Post date:** [June 29, 2009, 9:31pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/33 "2009-06-29T21:31:28Z")

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> [@DrDeth](#):
>
> My Bro, who worked 20 years with the IRS.

Making stuff up again, are we?

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**Author:** ![Kimmy\_Gibbler](https://avatars.discourse-cdn.com/v4/letter/k/bbe5ce/32.png) [@Kimmy\_Gibbler](https://boards.straightdope.com/u/Kimmy_Gibbler)\
**Post date:** [June 29, 2009, 9:44pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/34 "2009-06-29T21:44:49Z")

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> [@DrDeth](#):
>
> My Bro, who worked 20 years with the IRS.

Why on earth would the IRS even administer this alleged law? They certainly don’t enforce other parts of commercial law. Why not the Comptroller of the Currency? Or the Federal Trade Commission?

Of course, it’s because there is no such law. But if there were, the IRS wouldn’t be the agency charged with enforcement. I’m afraid I have to join some of the others on this thread doubting the veracity of this story.

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**Author:** ![Rumor\_Watkins](https://avatars.discourse-cdn.com/v4/letter/r/d9b06d/32.png) [@Rumor\_Watkins](https://boards.straightdope.com/u/Rumor_Watkins)\
**Post date:** [June 29, 2009, 10:08pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/35 "2009-06-29T22:08:15Z")

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I believe we’ve gotten off the reservation here…

“Legal tender” as a concept exists in 2 situations, iirc (may be wrong, but pretty sure i’m not)

a) gap-filling for ambiguous contracts (i.e. you’re not going to be using the “well, I didn’t say WHICH dollars i’d be paying you in” argument

b) settlement of judgment liens (i.e. if a civil suit is now down to a final order and creates a judgment lien upon the defendant’s assets, tender of United States dollars cannot be refused to settle the legal obligation). this makes the use of “debt” and “debtor” in a very narrow sense.  
every thing else is up to the contracting parties.

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**Author:** ![Lemur866](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/lemur866/32/434_2.png) [@Lemur866](https://boards.straightdope.com/u/Lemur866)\
**Post date:** [June 29, 2009, 10:22pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/36 "2009-06-29T22:22:18Z")

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Kimmy Gibler laid it out in post 11. “Legal Tender” had a lot more meaning when people wanted to be paid in gold and silver, not pieces of paper.

I’m free to offer to exchange X for any Y, as long as X and Y aren’t illegal. I can tell people I want to be paid in cabbages, euros, Van Goghs, and moonrocks, or I ain’t selling. I can set whatever crazy terms I like, and your recourse is to refuse to do business with an idiot like me.

A business can’t “force” its customers to pay in Euros. But it can certainly only accept Euros, and anyone who doesn’t like it can patronize another business.

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**Author:** ![JonathanTheRed](https://avatars.discourse-cdn.com/v4/letter/j/8491ac/32.png) [@JonathanTheRed](https://boards.straightdope.com/u/JonathanTheRed)\
**Post date:** [June 29, 2009, 10:27pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/37 "2009-06-29T22:27:16Z")

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> [@DrDeth](#):
>
> What you have to show is that it is legal to refuse payment in US Dollars in the USA. Not the form of the dollars, mind you, dollars at all.

I’ve got a widget here, which I will trade for 15 euros and a cabbage. That’s an offer. Are you telling me that my offer is _illegal_ unless I also accept dollars?

I’m gonna have to join the “you’re making this up as you go along” camp.

Now in _practice_, as others have pointed out to you, it’s a rare or nonexistent U.S. business that will not accept payment in U.S. dollars. But that’s because it makes good business sense, not because it’s illegal to do otherwise.

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**Author:** ![StusBlues](https://avatars.discourse-cdn.com/v4/letter/s/dc4da7/32.png) [@StusBlues](https://boards.straightdope.com/u/StusBlues)\
**Post date:** [June 29, 2009, 10:35pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/38 "2009-06-29T22:35:13Z")

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> [@the\_first\_supraliminal](#):
>
> My landlord’s management company sent a “lease amendment” to everyone that starting in 30 days they would no longer accept cash, just checks and money orders.

Data point: my landlord has had this policy since I moved in three years ago.

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**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\
**Post date:** [June 29, 2009, 11:33pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/39 "2009-06-29T23:33:28Z")

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A pertinent story that was later knocked down: [http://www.hollyscoop.com/gisele-bundchen/gisele-bundchens-euro-pay-demand-false\_13389.aspx](http://www.hollyscoop.com/gisele-bundchen/gisele-bundchens-euro-pay-demand-false_13389.aspx)

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**Author:** ![DrDeth](https://avatars.discourse-cdn.com/v4/letter/d/b487fb/32.png) [@DrDeth](https://boards.straightdope.com/u/DrDeth)\
**Post date:** [June 29, 2009, 11:36pm UTC](https://boards.straightdope.com/t/do-people-really-have-to-accept-cash-for-all-debts-public-and-private/501254/40 "2009-06-29T23:36:13Z")

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> [@IAmNotSpartacus](#):
>
> I am pretty sure that hearsay does not pass for a citation. Can you do a little better than this?

Can yo show me that foreign currency _is_ legal tender in the USA? It’s not.

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