Indiana § 32-34-1.5-56 Prima facie evidence of debt or obligation

Indiana Statutes

§ 32-34-1.5-56 — Prima facie evidence of debt or obligation

Indiana § 32-34-1.5-56

Title 32PROPERTY

Art. 34LOST OR UNCLAIMED PERSONAL PROPERTY

Ch. 1.5Revised Unclaimed Property Act

This text of Indiana § 32-34-1.5-56 (Prima facie evidence of debt or obligation) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 32-34-1.5-56 (2026).

Text

(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 th

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(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 ninety (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, a putative holder may
present evidence of a course of dealing between the putative holder and
the apparent owner or of custom and practice.