33 M.R.S. §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.

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.

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;

B. Issued but later was replaced with another instrument 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 90 days after issuance for a valid business reason set forth in a contemporaneous record; or

I. Issued but not delivered to a 3rd-party payee for a sufficient reason recorded within a reasonable time after issuance.

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.