D.C. Code § 41-160.05: Evidence of unpaid debt or undischarged obligation.
Where this section sits in the code
- Title 41. Personal Property.
- Chapter 1A. Revised Uniform Unclaimed Property Act.
- Subchapter X. Verified Report of Property; Examination of Records.
(a)
A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.
(b)
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 (a) of this section or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.
(c)
A putative holder may overcome prima facie evidence under subsection (a) of this section by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:
(1)
Issued as an unaccepted offer in settlement of an unliquidated amount;
(2)
Issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;
(3)
Issued to a party affiliated with the issuer;
(4)
Paid, satisfied, or discharged;
(5)
Issued in error;
(6)
Issued without consideration;
(7)
Issued but there was a failure of consideration;
(8)
Voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or
(9)
Issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.
(d)
In asserting a defense under this section, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice.
Collected 2026-08-29T05:44:07Z. Source file · JSON