{"data":{"id":"us-co/c.r.s.-38-13-1005","jurisdiction":"us-co","citation":"C.R.S. § 38-13-1005","heading":"Evidence of unpaid debt or undischarged obligation.","body":"(1) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.\n\n(2) 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) of this section or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.\n\n(3) A putative holder may overcome prima facie evidence under subsection (1) of this section by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:\n\n(a) Issued as an unaccepted offer in settlement of an unliquidated amount;\n\n(b) Issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;\n\n(c) Issued to a party affiliated with the issuer;\n\n(d) Paid, satisfied, or discharged;\n\n(e) Issued in error;\n\n(f) Issued without consideration;\n\n(g) Issued but there was a failure of consideration;\n\n(h) Voided not later than ninety days after issuance for a valid business reason set forth in a contemporaneous record; or\n\n(i) Issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.\n\n(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.","path":["Title 38 - PROPERTY - REAL AND PERSONAL","Article 13 - Revised Uniform Unclaimed Property Act","Part 10 - VERIFIED REPORT OF PROPERTY - EXAMINATION OF RECORDS"],"source_url":"https://olls.info/crs/crs2026-title-38.htm","current_through":"Colorado Revised Statutes 2026","vintage":"","retrieved_at":"2026-09-14T18:37:45Z","sha256":"a5bc4472aea9c932557ebb27f326ad20dc2182fd6e2160b2864931c7e8aaf1a2","source_id":"us-co","stale":false,"prev":"us-co/c.r.s.-38-13-1004","next":"us-co/c.r.s.-38-13-1006"},"notice":"GroundRules: Original legal text. Not legal advice."}
