Prima facie evidence of an obligation; attorney general's burden of
proof; affirmative defenses
Sec. 23. (a) A record that a check, draft, or similar instrument was
issued is prima facie evidence of an obligation.
(b) If the attorney general claims property from a holder who is
also the issuer, the attorney general's burden of proof as to the
existence and amount of the property and the abandonment of the
property is satisfied by showing the following:
(1) That the instrument was issued.
(2) That the required period of time of abandonment has passed.
(c) For purposes of this section, the defenses of:
(1) payment;
(2) satisfaction;
(3) discharge; and
(4) want of consideration;
are affirmative defenses that must be established by the holder.
As added by P.L.2-2002, SEC.19.
Last modified: May 24, 2006