58-3938. Burden of proof as to property evidenced by record of check or draft. - Kansas Statutes

58-3938

Chapter 58.--PERSONAL AND REAL PROPERTY Part 6.--MISCELLANEOUS PROVISIONS Article 39.--DISPOSITION OF UNCLAIMED PROPERTY ACT

      58-3938.   Burden of proof as to property evidenced byrecord of check or draft.A record of the issuance of a check, draft or similar instrument is prima facieevidence of an obligation. In claiming property from a holder who is also theissuer, the administrator's burden of proof as to the existence and amount ofthe property and its abandonment is satisfied by showing issuance of theinstrument and a passage of the requisite period of abandonment. Defenses ofpayment, satisfaction, discharge and want of consideration are affirmativedefenses that must be established by the holder.

      History:   L. 1994, ch. 8, § 5;L. 1999, ch. 100, § 4; Jan. 1, 2000.