Legal Question in Business Law in Florida

payment in cash declined

I was told that if someone refused to be paid a debt owed to them in cash (US Dollars) that they were forfeiting the right to that payment. Is that correct? I offered to pay an obligation and it was refused because it was cash and she wanted a bank check. Do I still owe her the money, or was my friend corret that I no longer oweit? If so, please let me know the statute that covers this.

Thank you


Asked on 7/29/06, 12:09 pm

1 Answer from Attorneys
Randall Gilbert Gilbert & Caddy P.A.

Re: payment in cash declined

What your friend is saying does not make sense. US currency should be fine. But the rejection does not mean that it was a waiver of the debt. I highly recommend that you write the person a "Certified letter" or send a fax (Something showing that you sent a letter that was received by the other party) stating:

This is to confirm that on _________, 2006 I went to your offices, offered to pay you right there and then $_______ in cash and that you rejected my offer, and insisted that I bring you back a check.

This way if anyone ever comes back against you, you can say, argue that they rejected your offer to pay and it was not your fault. (But again this does not get rid of the debt that you still may owe)

Good Luck,

Randall Gilbert

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Answered on 7/29/06, 12:17 pm


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