N.D. Cent. Code § 47-30.2-58

Current through 2023 Legislative Sessions
Section 47-30.2-58 - (1005) Evidence of unpaid debt or undischarged obligation
1. A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.
2. 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.
3. 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;
b. Issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;
c. Issued to a party affiliated with the issuer;
d. Paid, satisfied, or discharged;
e. Issued in error;
f. Issued without consideration;
g. Issued but there was a failure of consideration;
h. Voided not later than ninety days after issuance for a valid business reason set forth in a contemporaneous record; or
i. Issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.
4. In asserting a defense under this section, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice.

N.D.C.C. § 47-30.2-58

Added by S.L. 2021, ch. 337 (SB 2048),§ 17, eff. 7/1/2021.