Arizona § 44-306 Burden of proof as to property evidenced by record of check or draft

Arizona Statutes

§ 44-306 — Burden of proof as to property evidenced by record of check or draft

Arizona § 44-306

Title 44Arizona Revised Statutes

Ch. 3REVISED ARIZONA UNCLAIMED PROPERTY ACT

Art. 1General Provisions

This text of Arizona § 44-306 (Burden of proof as to property evidenced by record of check or draft) is published on Counsel Stack Legal Research, covering Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ariz. Rev. Stat. Ann. § 44-306 (2026).

Text

A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation.  In claiming property from a holder who is also the issuer, the department's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment.  Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses and are the burden of the holder to establish.

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A record of the issuance of a check, draft or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the department's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses and are the burden of the holder to establish.