23-5-183. Rebuttable presumption of forfeiture -- rebuttal of presumption.
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/mt/title-23/chapter-5/part-1/23-5-183·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
23-5-183 . Rebuttable presumption of forfeiture -- rebuttal of presumption.
(1)There is a rebuttable presumption of forfeiture.
(2)An owner of the personal property who has a verified answer on file may rebut the presumption by proving that the property was not used for the purpose charged or that the use of the property occurred without the owner's knowledge or consent.
(3)A claimant of a security interest in the personal property who has a verified answer on file may preserve the security interest by proving that the security interest:
(a)is bona fide; and
(b)was created after a reasonable investigation of the moral responsibility, character, and reputation of the purchaser of the personal property and without knowledge that the personal property was going to be or was used for the purpose charged.
(4)Subsection (3)(b) does not apply to:
(a)a person who has a lien for making repairs or performing labor upon, furnishing supplies or materials for, or providing storage for or safekeeping of the personal property;
(b)a person doing business under any law of this state or the United States relating to financial institutions, as defined in 32-6-103 , loan companies, or licensed pawnbrokers; or
(c)a person regularly engaged in the business of selling or of purchasing conditional sales contracts for that type of personal property.