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32-34-1-23. Prima facie evidence of an obligation; attorney general's burden of proof; affirmative defenses

IN Code § 32-34-1-23 (2019) (N/A)
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Sec. 23. (a) A record that a check, draft, or similar instrument was issued is prima facie evidence of an obligation.

(b) If the attorney general claims property from a holder who is also the issuer, the attorney general's burden of proof as to the existence and amount of the property and the abandonment of the property is satisfied by showing the following:

(1) That the instrument was issued.

(2) That the required period of time of abandonment has passed.

(c) For purposes of this section, the defenses of:

(1) payment;

(2) satisfaction;

(3) discharge; and

(4) want of consideration;

are affirmative defenses that must be established by the holder.

[Pre-2002 Recodification Citation: 32-9-1.5-23.]

As added by P.L.2-2002, SEC.19.

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