Colorado § 38-13-1005 Evidence of unpaid debt or undischarged obligation

Colorado Statutes

§ 38-13-1005 — Evidence of unpaid debt or undischarged obligation

Colorado § 38-13-1005

Title 38Property -

Art.Revised Uniform Unclaimed Property Act

This text of Colorado § 38-13-1005 (Evidence of unpaid debt or undischarged obligation) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-13-1005 (2026).

Text

(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) of this section 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)of this section 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

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(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) of this section 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) of this section 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.