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Thread: Late fees: Excessive penalties violate 8th amendment ?

  1. #1

    Late fees: Excessive penalties violate 8th amendment ?

    My county charges 10% late fee on the first day after the payment for the property tax is due. Similar policies are adopted by many other organizations, e.g. homeowners associations. Do these constitute Excessive Fines and violate the VIII Amendment of the Constitution given the ZIRP employed by the FEDs ? Is anyone aware of a litigation based on a similar argument ?



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  3. #2
    Excessive is a subjective word. Getting the government to define it thus far has resulted in, "anything higher than the outrageous rates we charge."

  4. #3
    Quote Originally Posted by angelatc View Post
    Excessive is a subjective word. Getting the government to define it thus far has resulted in, "anything higher than the outrageous rates we charge."
    They have to show losses because of one's actions. What losses can they show while ZIRP is in place ?

  5. #4
    Quote Originally Posted by timosman View Post
    My county charges 10% late fee on the first day after the payment for the property tax is due. Similar policies are adopted by many other organizations, e.g. homeowners associations. Do these constitute Excessive Fines and violate the VIII Amendment of the Constitution given the ZIRP employed by the FEDs ? Is anyone aware of a litigation based on a similar argument ?
    10 Percent is the standard for property tax to the best of my knowledge .

  6. #5
    I would consider anything more than 10 percent to be offensively excessive to include any Federal income tax that exceeds that or any combination of all taxes that exceed that. At Fed Tax , Social Sec tax, Medica tax, county tax , state tax , property tax alone I am probably , total , just under 35 percent.That does not include three fuel taxes or sales taxes , license plate taxes etc.

  7. #6
    Quote Originally Posted by oyarde View Post
    10 Percent is the standard for property tax to the best of my knowledge .
    Yeah, but this was established when the interest rates were above 5%. Right now it should be 1% at most.

  8. #7
    Quote Originally Posted by timosman View Post
    Yeah, but this was established when the interest rates were above 5%. Right now it should be 1% at most.
    I am thinking zero percent if pd within the specific counties fiscal yr.

  9. #8
    Quote Originally Posted by oyarde View Post
    I am thinking zero percent if pd within the specific counties fiscal yr.
    Right, so do we know of anyone willing to take this case. The payout would be huge for the class action suit. I think IRS has similar draconian policies.



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  11. #9
    I dont remember which one is the 8th amendment so it can't be that important
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  12. #10
    This is the entire text.

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

  13. #11
    Quote Originally Posted by bxm042 View Post
    I dont remember which one is the 8th amendment so it can't be that important
    It is right after the 7 th but before the 9 th.
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  14. #12
    This is also an eighth commandment violation.
    This post represents only the opinions of Christian Liberty and not the rest of the forum. Use discretion when reading

  15. #13
    Quote Originally Posted by timosman View Post
    This is the entire text.

    Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
    Excessive fines in itself covers most Fed govt abuse of the people these days.

  16. #14
    Quote Originally Posted by Christian Liberty View Post
    This is also an eighth commandment violation.

  17. #15
    Quote Originally Posted by oyarde View Post
    Excessive fines in itself covers most Fed govt abuse of the people these days.
    Well, isn't it time somebody stood up ?



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