KRS 393A.590: Evidence of unpaid debt or undischarged obligation.

(1) A record of a putative holder showing an unpaid debt or undischarged obligation

shall be prima facie evidence of the debt or obligation.

(2) A putative holder may establish by a preponderance of the evidence that there is no

unpaid debt or undischarged obl igation for a debt or obligation described in

subsection (1) of this section or that the debt or obligation was not, or no longer is, a

fixed and certain obligation of the putative holder.

(3) A putative holder may overcome prima facie evidence under subse ction (1) of this

section 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;

(b) Issued but later was replaced with another instrumen t because the earlier

instrument was lost or contained an error that was corrected;

(c) Issued to a party affiliated with the issuer;

(d) Paid, satisfied, or discharged;

(e) Issued in error;

(f) Issued without consideration;

(g) Issued but there was a failure of consideration;

(h) Voided not later than ninety (90) days after issuance for a valid business

reason set forth in a contemporaneous record; or

(i) Issued but not delivered to the third -party payee for a sufficient reason

recorded within a reasonable time after issuance.

(4) 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.