{"data":{"id":"us-ky/krs-393a.590","jurisdiction":"us-ky","citation":"KRS 393A.590","heading":"Evidence of unpaid debt or undischarged obligation.","body":"(1) A record of a putative holder showing an unpaid debt or undischarged obligation\nshall be prima facie evidence of the debt or obligation.\n(2) A putative holder may establish by a preponderance of the evidence that there is no\nunpaid debt or undischarged obl igation for a debt or obligation described in\nsubsection (1) of this section or that the debt or obligation was not, or no longer is, a\nfixed and certain obligation of the putative holder.\n(3) A putative holder may overcome prima facie evidence under subse ction (1) of this\nsection by establishing by a preponderance of the evidence that a check, draft, or\nsimilar instrument was:\n(a) Issued as an unaccepted offer in settlement of an unliquidated amount;\n(b) Issued but later was replaced with another instrumen t because the earlier\ninstrument was lost or contained an error that was corrected;\n(c) Issued to a party affiliated with the issuer;\n(d) Paid, satisfied, or discharged;\n(e) Issued in error;\n(f) Issued without consideration;\n(g) Issued but there was a failure of consideration;\n(h) Voided not later than ninety (90) days after issuance for a valid business\nreason set forth in a contemporaneous record; or\n(i) Issued but not delivered to the third -party payee for a sufficient reason\nrecorded within a reasonable time after issuance.\n(4) In asserting a defense under this section, a putative holder may present evidence of a\ncourse of dealing between the putative holder and the apparent owner or of custom\nand practice.","path":["KRS Chapter 393A"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48156","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:59:25Z","sha256":"ef7d0e4a593660fb44e27968debff506225a24b7ce8b047302ceb931b94ba803","source_id":"us-ky","stale":false,"prev":"us-ky/krs-393a.580","next":"us-ky/krs-393a.600"},"notice":"GroundRules: Original legal text. Not legal advice."}