Utah § 67-4a-1005 Evidence of unpaid debt or undischarged obligation.

Utah Statutes

§ 67-4a-1005 — Evidence of unpaid debt or undischarged obligation.

Utah·Title 67 State Officers and Employees·Ch. 67-4a Revised Uniform Unclaimed Property Act·Part 67-4a-10 Verified Report of Property and Examination of Records

(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:

(3)(a) issued as an unaccepted offer in settlement of an unliquidated amount;

(3)(b) issued but later was replaced with another instrument because the earlier instrument was lost or contained an e

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(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:

(3)(a) issued as an unaccepted offer in settlement of an unliquidated amount;
(3)(b) issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;
(3)(c) issued to a party affiliated with the issuer;
(3)(d) paid, satisfied, or discharged;
(3)(e) issued in error;
(3)(f) issued without consideration;
(3)(g) issued but there was a failure of consideration;
(3)(h) voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or
(3)(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.

Utah § 67-4a-1005 (Evidence of unpaid debt or undischarged obligation.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.