GroundRules
AS 34.45.270: Burden of proof as to property evidenced by record of check, draft, or similar instrument.
Where this section sits in the code
- Title 34. Property.
- Chapter 45. Unclaimed Property.
- Article 3. Conditions Leading to Presumption of Abandonment of Particular Types of Personal Property.
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 that must be established by the holder.
Collected 2026-09-02T06:18:42Z. Source file · JSON