Montana § 70-9-807 Burden Of Proof As To Property Evidenced By Record Of Check Or Draft

Montana Statutes

§ 70-9-807 — Burden Of Proof As To Property Evidenced By Record Of Check Or Draft

Montana § 70-9-807

Title 70PROPERTY

Ch. 9DISPOSITION OF UNCLAIMED PROPERTY

Part 8Uniform Unclaimed Property Act

This text of Montana § 70-9-807 (Burden Of Proof As To Property Evidenced By Record Of Check Or Draft) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 70-9-807 (2026).

Text

70-9-807 . Burden of proof as to property evidenced by record of check or draft. 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 that 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 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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70-9-807 . Burden of proof as to property evidenced by record of check or draft. 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 that 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 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.