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·Title 44 Arizona Revised Statutes·Ch. 3 REVISED ARIZONA UNCLAIMED PROPERTY ACT·Art. 1 General Provisions

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.

Arizona § 44-306 (Burden of proof as to property evidenced by record of check or draft) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.