§ 1565.
267 words·~1 min read·
/vt/title-27/chapter-18/1565A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 1565. Evidence of unpaid debt or undischarged obligation
(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)of this section 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)of this section 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, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner or of custom and practice. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)