{"data":{"id":"us-ut/utah-code-67-4a-1005","jurisdiction":"us-ut","citation":"Utah Code § 67-4a-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(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) or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.\n(3) 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:\n(a) issued as an unaccepted offer in settlement of an unliquidated amount;\n(b) issued but later was replaced with another instrument because the earlier instrument 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 within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or\n(i) issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.\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 67 State Officers and Employees","Chapter 67-4a Revised Uniform Unclaimed Property Act","Part 67-4a-10 Verified Report of Property and Examination of Records"],"source_url":"https://le.utah.gov/xcode/Title67/Chapter4a/67-4a-S1005.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"24ef899e1e623fd3591e1f49bf6f6049b11f2da17e02e54addd610ee4a95e2f1","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-67-4a-1004","next":"us-ut/utah-code-67-4a-1006"},"notice":"GroundRules: Original legal text. Not legal advice."}