§2165. Evidence of unpaid debt or undischarged obligation
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.
[PL 2019, c. 498, §22 (NEW).]
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.
[PL 2019, c. 498, §22 (NEW).]
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:
A.
Issued as an unaccepted offer in settlement of an unliquidated amount;
[PL 2019, c. 498, §22 (NEW).]
B.
Issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;
[PL 2019, c. 498, §22 (NEW).]
C.
Issued to a party affiliated with the issuer;
[PL 2019, c. 498, §22 (NEW).]
D.
Paid, satisfied or discharged;
[PL 2019, c. 498, §22 (NEW).]
E.
Issued in error;
[PL 2019, c. 498, §22 (NEW).]
F.
Issued without consideration;
[PL 2019, c. 498, §22 (NEW).]
G.
Issued but there was a failure of consideration;
[PL 2019, c. 498, §22 (NEW).]
H.
Voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or
[PL 2019, c. 498, §22 (NEW).]
I.
Issued but not delivered to a 3rd-party payee for a sufficient reason recorded within a reasonable time after issuance.
[PL 2019, c. 498, §22 (NEW).]
[PL 2019, c. 498, §22 (NEW).]
4.
Evidence of course of dealing.
[PL 2025, c. 675, §31 (RP).]
SECTION HISTORY
PL 2019, c. 498, §22 (NEW). PL 2025, c. 675, §31 (AMD).