§ 47-30.2-58 — (1005) Evidence of unpaid debt or undischarged obligation

North Dakota § 47-30.2-58

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-30.2: Revised Uniform Unclaimed Property Act

Text

1. A record of a putative holder showing an unpaid debt or undischarged obligation is
prima facie evidence of the debt or obligation.
2. 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. 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:
a. Issued as an unaccepted offer in settlement of an unliquidated amount;
b. Issued but later was replaced with another instrument because the earlier
instrument was lost or contained an error that was corrected;
c. Issued to a party affiliated with the issuer;
d. Paid, satisfied, or discharged;
e. Issued in error;
f. Issued without consideration;
g. Issued but there was a failure of consideration;
h. Voided not later than ninety days after issuance for a valid business reason set
forth in a contemporaneous record; or
i. Issued but not delivered to the third-party payee for a sufficient reason recorded
within a reasonable time after issuance.
4. 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.