Kansas § 58-3938 Burden of proof as to property evidenced by record of check or draft

Kansas Statutes

§ 58-3938 — Burden of proof as to property evidenced by record of check or draft

Kansas § 58-3938

Ch. 58PERSONAL AND REAL PROPERTY

Art. 39DISPOSITION OF UNCLAIMED PROPERTY ACT

This text of Kansas § 58-3938 (Burden of proof as to property evidenced by record of check or draft) is published on Counsel Stack Legal Research, covering Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kan. Stat. Ann. § 58-3938 (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 administrator'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 a passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses that must be established by the holder.

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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 administrator'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 a passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge and want of consideration are affirmative defenses that must be established by the holder.