Maine § 33 §2165 Evidence of unpaid debt or undischarged obligation

Maine Statutes

§ 33 §2165 — Evidence of unpaid debt or undischarged obligation

Maine·Title 33 PROPERTY·Ch. 45 MAINE REVISED UNCLAIMED PROPERTY ACT

1.Prima facie evidence of debt or obligation. A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.

2.Preponderance of evidence. 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 or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.

3.Overcome prima facie evidence. A putative holder may overcome prima facie evidence under subsection 1 by establishing by a preponderance of the evidence that a check, draft or similar instrument was:

4.Evidence of course of dealing. In asserting a defense under this section, and subject to section 209

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1.
Prima facie evidence of debt or obligation.
A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.
2.
Preponderance of evidence.
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 or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.
3.
Overcome prima facie evidence.
A putative holder may overcome prima facie evidence under subsection 1 by establishing by a preponderance of the evidence that a check, draft or similar instrument was:
4.
Evidence of course of dealing.
In asserting a defense under this section, and subject to section 2094, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner.

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