Are you relieved from your debt if the creditor refuses to take legal tender from you to pay the debt?. Canada

Question

Like if you try to pay your dept to someone with legal tender as defined in the Coinage Act, and the person you owe the money to refuses to take it for payment of the debt, do you still have to pay? In Canada.

Like if I sign a deal with Best Buy that they will fix my computer, and I get really mad at them and I paid with like $40 in toonies, $25 in loonies and small bills (considered legal tender in the Currency Act), and they refuse to take it, am I relieved?

What's with some of you people! Of course you can't pay with a wheelborrow full of coins, I said in accordance with the Currecy Act (it sets how many coins you can give until it isent legal tender anymore).

Answer 1

I remember from Law classes that there is a law on the books in Canada that allows merchants to deny taking any more than 25 cents in pennies. While coinage is legal tender, you also have an obligation to pay in denominations appropriate to the amount owed. Likely any contract you signed that stipulates your repayment will mention this and accepted methods of payment.

So not only will your debt *NOT* be relieved, you will likely get hit with late charges if you cannot come up with alternative payment immediately. Any attoney to tell you different doesn't know what he is talking about.

Edit: if you are talking about the quantities stated in your addition above, it still depends on what the grand total is for the work. Despite what the Currency Act states, you're not allowed to be vindicative for fair and legal service provided. Personally, I don't think they would refuse loonies or toonies as stated above but that doesn't absolve you of your debt. Again, there is usually fine print for these things on the back of service contracts.

Regardless of what the law says, is it worth the hassle of being sued, getting dragged into court and having to pay hundreds to thousands for a defense lawyer? Not really.....be responsible and just pay it like a normal person.

Answer 2

Standard legal answer. It depends.

It depends on a number of facts, such as the nature of the debt, whether there's a written record of the transaction or the attempted payment, and so on.

But a good attorney could argue that refused to accept the tender of payment constitutes a waiver. While that may not relieve you of the debt, it could act as a defense against consequential (related) damages.

Answer 3

If you not reasonable, Like trying to pay with coins instead of paper, as you should. you still owe th debt! only a smart *** would do that , And the debtor has every right to fefuse a wheelbarrow full of change, when you can pay in a more responsible way!!

Answer 4

why - are you trying to pay a 100K debt in 1c coins, or other "cute" methods!? I doubt the debt will be canned, I am afraid - and neither should it be, because of some "cute" rule play!