Sec. 15-1005. Evidence of unpaid debt or undischarged obligation.

254 words·~1 min read·/il/chapter-765/act-1026/15-1005

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.

(b)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

(a)or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.

(c)A putative holder may overcome prima facie evidence under subsection

(a)by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:

(1)issued as an unaccepted offer in settlement of an unliquidated amount;

(2)issued but later was replaced with another instrument because the earlier instrument

was lost or contained an error that was corrected;

(3)issued to a party affiliated with the issuer;

(4)paid, satisfied, or discharged;

(5)issued in error;

(6)issued without consideration;

(7)issued but there was a failure of consideration;

(8)voided not later than 90 days after issuance for a valid business reason set forth

in a contemporaneous record; or

(9)issued but not delivered to the third-party payee for a sufficient reason recorded

within a reasonable time after issuance.

(d)In asserting a defense under this Section, and subject to the records retention requirements of Section 15-404, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner.