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West Virginia · Through as of 2026-08-03; contains at least the enactments of the 2026 Regular Session · Newer source version available

W. Va. Code § 36-8-6: Burden of proof as to property evidenced by record of check or draft.

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Where this section sits in the code
  1. CHAPTER 36. ESTATES AND PROPERTY.
  2. ARTICLE 8. UNIFORM UNCLAIMED PROPERTY ACT.

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 administrator'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 2026-09-06T00:29:01Z. Source file · JSON

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