Can a creditor refuse to accept a $2 FRN because he doesn&#39;t think they exist? Like all Federal Reserve Notes (FRNs, aka &quot;bills&quot; or &quot;cash&quot;), the $2 FRN is &quot;legal tender for all debts, public and private.&quot; However, a lot of people don't know about them. If I owe someone $10, and all I have is five $2 bills, is it legal for him to refuse to accept them because he's sure that $2 bills don't exist and they must be counterfeit? Assume that for some reason, he can't just Google &quot;$2 bill&quot; and see that they're real.
If the requirement for the debt is that the debt be paid in US dollars, absent some other stipulation to the contrary, $2 bills are US dollars and would satisfy the debtors obligation. It's hard to envision a situation where one would go before a judge or magistrate to enforce one's right to pay a debt with a $2 bill, but I suppose that effort would be successful. A debt that is to be paid in US dollars can be paid in $2 bill increments.
Answering my own question after some more research (which I should have done in the first place). Yes, it's illegal both in the US and in the EU Many airlines do it anyway because they are desperate for cash and hoping that no government agency will enforce it. A trade group is actually lobbying to change the laws Airlines will do what they can to make you accept a voucher. Some create an incentive, some make it just extremely difficult to get refund or they will simply deny it. If you accept a voucher, you waive the right for a refund. Only realistic option is a charge back through the credit card but I haven't found any successful examples yet. Good overview articles: https://onemileatatime.com/flight-cancelled-refund/ https://viewfromthewing.com/airlines-are-breaking-the-law-by-refusing-refunds-for-cancelled-flights/
As noted in your update, Cal. Civ. Code section 1947.3 says (a) (1) Except as provided in paragraph (2), a landlord or a landlord's agent shall allow a tenant to pay rent and deposit of security by at least one form of payment that is neither cash nor electronic funds transfer. Paragraph 2 related to cases of recent bounced checks, and it sounds like you don't have that problem. From the personal finance angle, if you liked the convenience of the online service but don't trust the new ACH agent, your bank may have an "online bill pay" service where they can withdraw money at a designated time each month and send it. Chase has such a service, no charge, they do an electronic transfer if the payee accepts them and otherwise mail a paper check.
Is it legal to sell currency at a price lower than face value? Yes. In fact, to donate is the act of transferring for free the ownership of something. Outlawing a transaction that is less extreme than a donation would be inconsistent with the lawfulness of donations. A significant departure from the market exchange rate does not affect the validity of currency exchange. A &quot;sale&quot; of currency in terms of itself is not illegal, since the transaction can be viewed as a combination of two transactions performed instantaneously and involving the fiction of an intermediary currency. Offers of currency for less than face value also happen very often when transacting the bonds issued by a country's central bank. Any two parties can transact those bonds in secondary markets. The scenario you describe obviates redemption periods, fluctuation risks, and various formalities, but those differences are inconsequential from a legal standpoint.
An oral contract is (usually) entirely legally binding (exceptions include things like land sales). Written notes do not change that. The important thing about nearly contemporaneous notes is that if the contract runs into difficulty and you need to litigate, they are likely to be accepted by a court as good evidence of what was agreed. They will be much more difficult for the other party to challenge later (they can be challenged now of course - which is part of why they are considered good evidence of what was agreed).
Yes, there is a reasonableness limit, and this is especially true in consumer transactions. If you were given an estimate and the final bill is a lot more than what you were expecting, you can dispute it. The final price should be ‘reasonable’. The law doesn’t say what counts as reasonable, so you’ll have to agree it between you. You should consider: the estimate you agreed to [if there was one] any changes, and why they happened anything that happened that was beyond the control of the trader, like bad weather or the cost of materials going up https://www.citizensadvice.org.uk/consumer/getting-home-improvements-done/problem-with-home-improvements/ When it comes to work itself, the act states that a tradesman or professional has a 'duty of care' towards you and your property. Any standard or price you agree must be honoured. But if it isn't agreed in advance the work must be done to a reasonable standard, at a reasonable cost, and within a reasonable time. So if you haven't fixed a price, you don't have to pay a ridiculously high bill. All you have to pay is what you consider 'reasonable' and invite them to sue you for the rest. Be careful though, in some circumstances when you are withholding payment you may have a claim made against you by a supplier if you are in breach of contract. What's a reasonable amount would be what similar tradesmen would have charged for the job. So get a few quotations. https://www.bbc.co.uk/programmes/articles/1fdlwC9xzyxjCpWMlsCGG3j/supply-of-services NB that article refers to The Supply of Goods &amp; Services Act 1982, which was partially superseded by the Consumer Rights Act 2015.
Based on the advice from @user6726, here's how I disputed the charge. First, I called FedEx customer service. They declined to waive the fee, and informed me that if I didn't pay, it would go to collections. So, I waited a few months and let the collection agency send me their version of the bill. Then, I sent the following reply (paraphrased) to the collection agency, by registered mail. On date, we received a letter from your agency demanding a payment for Federal Express Canada Co. I am writing this letter to dispute this debt, as I do not believe that we owe it. The debt claimed by Federal Express Canada appears to be related to FedEx invoice n, consisting of a Clearance Entry Fee of $X. I called FedEx on date to dispute this fee. It appears that they have decided to proceed with demanding payment anyway. The facts of the case are as follows: In month, we received an unsolicited birthday gift from a relative in the United States, which FedEx left at our doorstep, with no signature required, and no indication that accepting the package would incur an obligation to FedEx. As the value of the gift did not exceed 60 CAD, the package was admitted into Canada duty free. The Clearance Entry Fee is a fee imposed by FedEx, not on behalf of any government agency. “Clearance Entry” is an “unsolicited good or service”, as defined by the BC Business Practices and Consumer Protection Act, Chapter 2, Section 11. We did not order the shipment of the package, and did not consent verbally or in writing to the “Clearance Entry” service claimed to have been provided by FedEx. Therefore, as provided in Section 12 of the Act, we have no obligation to FedEx, and FedEx has no cause of action against us. The burden of proof that the service was not unsolicited rests with FedEx, and until such proof is provided, this debt is void under BC law, and you, as a collector, must not collect or attempt to collect money from a person who is not liable for the debt. Based on Section 116 of the Act, I am requiring you to communicate with me only in writing, at the address given above. At this point, I expect that your next communication would either contain: Proof that we consented to the “Clearance Entry” service provided by FedEx, or A statement that the debt is invalid, and that we are discharged from any obligation to your agency or to Federal Express Canada in regards to this matter. In addition, please inform any credit reporting agencies to which you have reported this debt to, that this debt is currently in dispute. I will require proof that you have done this. It has been over two months since the collection agency received the letter, and we still have not heard from them. Evidently they have decided that it is not worthwhile to pursue this case.
are they allowed to immediately try to recover the debt or must they go to court first? They can try to recover the debt, either directly or through a debt collection agency. They do not have to go to court first; courts are for the resolution of a dispute and right now there isn't one. If the consumer disputes the debt (which they should do in writing) then the debt is held in abeyance until the dispute is resolved. While in this state debt collection must stop and the debt must be noted as disputed on any credit agency checks. Dispute resolution may be through negotiation, litigation, mediation, arbitration or a statutory mechanism (e.g. involving a government agency or ombudsman if applicable). If the supplier chooses litigation then they must go to the court and summons the consumer; stating the basis of their claim. The consumer is then entitled to mount a defence.