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§2164
Title 33: PROPERTY
Chapter 45: MAINE REVISED UNCLAIMED PROPERTY ACT
Subchapter 10: VERIFIED REPORT OF PROPERTY; EXAMINATION OF RECORDS
§2166

§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).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public.
If you need legal advice, please consult a qualified attorney.
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