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Current as of January 01, 2023 | Updated by FindLaw Staff
A record of the issuance of a check, draft, or similar instrument is prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the Treasurer's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing issuance of the instrument and passage of the requisite period of abandonment. Defenses of payment, satisfaction, discharge, and want of consideration are affirmative defenses that must be established by the holder. In asserting these affirmative defenses, a holder who is also the issuer may satisfy the holder's burden of proof by showing a written acknowledgement by the payee of a check, draft, or similar instrument that no obligation is owed the payee.
Cite this article: FindLaw.com - North Carolina General Statutes Chapter 116B. Escheats and Abandoned Property § 116B-58. Burden of proof as to property evidenced by record of check or draft - last updated January 01, 2023 | https://codes.findlaw.com/nc/chapter-116b-escheats-and-abandoned-property/nc-gen-st-sect-116b-58/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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