Thread: Silver Bonds
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  #8  
Old 09-19-2007, 08:09 AM
Shoonra Shoonra is offline
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Join Date: Oct 2005
Location: Maryland
Posts: 2,745
I have no idea what you think is the commercial transaction here. This is a matter of fines for various traffic tickets; very different from a commercial transaction. The "consideration" - if you insist on finding one - is that the judge is allowing the defendant to be penalized with his purse instead of his person; in other words, pay a monetary fine instead of going to jail. That "consideration" is refused by failure or refusal to pay the fine. The defendant refuses to pay now in any sort of legal tender (and the UCC gives the creditor/vendor the right to insist on legal tender), so that's a rejection of the "consideration" or of the judge's "offer", which means the defendant has, of his own free will, decided he wants to go to jail.

A debt is not paid by any sort of IOU that promises future payment, especially if the promise is illusory, as here.
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