Section 2165 - Evidence of unpaid debt or undischarged obligation1.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. [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. [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; [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; [2019, c. 498, §22(NEW).]C. Issued to a party affiliated with the issuer; [2019, c. 498, §22(NEW).]D. Paid, satisfied or discharged; [2019, c. 498, §22(NEW).]E. Issued in error; [2019, c. 498, §22(NEW).]F. Issued without consideration; [2019, c. 498, §22(NEW).]G. Issued but there was a failure of consideration; [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 [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. [2019, c. 498, §22(NEW).] [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. [2019, c. 498, §22(NEW).]
Added by 2019, c. 498,§ 22, eff. 9/19/2019.