§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. 
                                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.
                                     
                                
                [PL 2019, c. 498, §22 (NEW).]
              
                        SECTION HISTORY
                        
            PL 2019, c. 498, §22 (NEW).