{"data":{"id":"us-nd/n.d.-cent.-code-47-30.2-58","jurisdiction":"us-nd","citation":"N.D. Cent. Code § 47-30.2-58","heading":"(1005) 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.\n2.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.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 ninety days after issuance for a valid business reason set forth in a contemporaneous record; or\ni.Issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.\n4.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 47 Property","Chapter 47-30.2 Revised Uniform Unclaimed Property Act"],"source_url":"https://ndlegis.gov/cencode/t47c30-2.pdf","current_through":"2026-07-31T11:12:02","vintage":"","retrieved_at":"2026-09-02T21:04:14Z","sha256":"aa70ce2a2cd1539e7712e84e6946a8c119c3261644b0f42df3b59a57f8014f87","source_id":"us-nd","stale":true,"prev":"us-nd/n.d.-cent.-code-47-30.2-57","next":"us-nd/n.d.-cent.-code-47-30.2-59"},"notice":"GroundRules: Original legal text. Not legal advice."}