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Thread: Banks that have account software that allows you to insert lawful demand clause.

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  1. #9
    Pondering this type of scenario might be helpful...
    John H. Doe, at the mortgage desk, gives the bank a promissory note for "one hundred and twenty thousand dollars in the lawful money of the United States of America". After signing some papers and providing an SSN, the bank forks over a check for one hundred and twenty thousand DOLLARS / $120,000.00. The bank receives lawful money in value and in exchange gives John H. Doe credit.
    Utility bills, credit card bills all seem to be denominated in $000.00 and often $ and such are in a box. Its more like the only time you see the words lawful money is when the alleged borrower is out to get money from the bank--but credit in the USA and much of "the world" is money.

    When dealing with FRB member banks, there is credit that is specific to that clearinghouse system. If you want to redeem that scrip for lawful money there is 12 USC 411 redemption for lawful money. On the other hand SEPARATELY, if you want to add a rider asserting that all of your transactions with respect to a given account shall be construed to be in lawful money, that is another matter: notice to the law department and perhaps also to the state AG or nearest U.S. district attorney. Point being, its best to avoid mixing things up.

    Why are they separate?

    If you overdraw or if charges are made to an account, the bank sees you as owing them for honoring an item, so therefore the currency of choice would be lawful money rather than clearinghouse scrip--that is a separate matter from depositing checks from someone else which to which might "redeemed for lawful money" verbiage.
    Last edited by allodial; 06-24-15 at 02:07 AM.
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