Q: Can I take action if my tax payment with a negotiable instrument was rejected?
I paid my property tax using the original bill of exchange, properly indorsed, before the due date and delivered by certified mail. However, the tax authority did not accept this form of payment. They sent me a letter stating they do not accept that form of payment without explaining why. When I called, they seemed unfamiliar with the UCC codes regarding negotiable instruments. I also sent a novation explaining the terms of the UCC in relation to negotiable instruments. Do I have a case?
A: No, you do not have a case. You must pay your taxes in lawful money, not a negotiable instrument.
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A:
That sounds incredibly frustrating, especially when you took steps to send your payment on time and followed a method you believed was valid. In Florida, tax collectors are generally allowed to set clear policies about what forms of payment they accept. Even if your bill of exchange was endorsed and referenced UCC rules, the tax authority isn’t obligated to accept every type of negotiable instrument—especially if it’s not one of their stated payment methods like cash, check, or money order.
UCC principles apply mainly to private transactions unless a government entity has explicitly agreed to accept such instruments. Since most property tax offices require standardized payments, their rejection—even without a detailed explanation—doesn't necessarily violate the law. A novation or legal argument about the UCC won’t override their authority to set and enforce payment procedures for taxes.
If you feel the rejection was improper, you can ask for a written explanation of their payment policy and file a formal complaint with the county tax collector’s office. But unless they failed to follow their own written guidelines, it may be difficult to pursue legal action successfully. It’s always best to follow the specific instructions listed on the tax bill to avoid penalties or confusion. You’ve clearly acted with intent and care—it just may come down to aligning with the rules they’re allowed to enforce.
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