§ 15-1005 — Evidence of unpaid debt or undischarged obligation

(a) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation. (b) 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 (a) or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder. (c) A putative holder may overcome prima facie evidence under subsection (a) by establishing by a preponderance of the evidence that a check, draft, or similar instrument was: (1) issued as an unaccepted offer in settlement of an unliquidated amount; (2) issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected; (3) issued to a party affiliated with the issuer; (4) paid, satisfied, or discharged; (5) issued in error; (6) issued without consideration; (7) issued but there was a failure of consideration; (8) voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or (9) issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance. (d) In asserting a defense under this Section, and subject to the records retention requirements of Section 15-404, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner.

Legislative History

(Source: P.A. 100-22, eff. 1-1-18 .)