44-306. Burden of proof as to property evidenced by record of check or draft
84 words·~1 min read·
/az/title-44/44-306A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 department'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 and are the burden of the holder to establish.