{"data":{"id":"us-me/33-m.r.s.-2165","jurisdiction":"us-me","citation":"33 M.R.S. §2165","heading":"Evidence of unpaid debt or undischarged obligation","body":"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.\n2.  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.\n3.  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:\nA.  Issued as an unaccepted offer in settlement of an unliquidated amount;\nB.  Issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;\nC.  Issued to a party affiliated with the issuer;\nD.  Paid, satisfied or discharged;\nE.  Issued in error;\nF.  Issued without consideration;\nG.  Issued but there was a failure of consideration;\nH.  Voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or\nI.  Issued but not delivered to a 3rd-party payee for a sufficient reason recorded within a reasonable time after issuance.\n4.  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.","path":["TITLE 33: PROPERTY","CHAPTER 45: MAINE REVISED UNCLAIMED PROPERTY ACT","SUBCHAPTER 10: VERIFIED REPORT OF PROPERTY; EXAMINATION OF RECORDS"],"source_url":"https://legislature.maine.gov/statutes/33/title33sec2165.html","current_through":"October 1, 2025","vintage":"","retrieved_at":"2026-09-04T15:12:39Z","sha256":"b6f4dd83c613a839f5ffccbf9cff4834a632d13a1be625b7879f1d7a3c35b5c8","source_id":"us-me","stale":false,"prev":"us-me/33-m.r.s.-2164","next":"us-me/33-m.r.s.-2166"},"notice":"GroundRules: Original legal text. Not legal advice."}