§2165. Evidence of unpaid debt or undischarged obligation

1.  Prima facie evidence of debt or obligation.  A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.

[PL 2019, c. 498, §22 (NEW).]

2.  Preponderance of evidence.  A putative holder may establish by a preponderance of the evidence that there is no unpaid debt or undischarged obligation for a debt or obligation described in subsection 1 or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.

[PL 2019, c. 498, §22 (NEW).]

3.  Overcome prima facie evidence.  A putative holder may overcome prima facie evidence under subsection 1 by establishing by a preponderance of the evidence that a check, draft or similar instrument was:

A. Issued as an unaccepted offer in settlement of an unliquidated amount;   [PL 2019, c. 498, §22 (NEW).]

B. Issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;   [PL 2019, c. 498, §22 (NEW).]

C. Issued to a party affiliated with the issuer;   [PL 2019, c. 498, §22 (NEW).]

D. Paid, satisfied or discharged;   [PL 2019, c. 498, §22 (NEW).]

E. Issued in error;   [PL 2019, c. 498, §22 (NEW).]

F. Issued without consideration;   [PL 2019, c. 498, §22 (NEW).]

G. Issued but there was a failure of consideration;   [PL 2019, c. 498, §22 (NEW).]

H. Voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or   [PL 2019, c. 498, §22 (NEW).]

I. Issued but not delivered to a 3rd-party payee for a sufficient reason recorded within a reasonable time after issuance.   [PL 2019, c. 498, §22 (NEW).]

[PL 2019, c. 498, §22 (NEW).]

4.  Evidence of course of dealing.  In asserting a defense under this section, and subject to section 2094, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner.

[PL 2019, c. 498, §22 (NEW).]

SECTION HISTORY

PL 2019, c. 498, §22 (NEW).