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Code · Hawaii · Hawaii Revised Statutes

[§523A-7] Burden of proof as to property evidenced by record of check or draft.

105 words·~1 min read·/hi/523a-7

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[§523A-7] Burden of proof as to property evidenced by record of check or draft. A record of the issuance of a check, draft, or similar instrument shall be prima facie evidence of an obligation. In claiming property from a holder who is also the issuer, the administrator's burden of proof as to the existence and amount of the property and its abandonment shall be 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 shall be established by the holder. [L 2008, c 55, pt of §1]
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