44-306. 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 who is also the issuer, the department'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 and are the burden of the holder to establish.
Section: Previous 44-294 44-295 44-301 44-302 44-303 44-304 44-305 44-306 44-307 44-308 44-309 44-310 44-311 44-312 44-313 NextLast modified: October 13, 2016