A record of the issuance of a check, draft, or similar instrument is 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 is 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 must be established by the holder.
Structure Arkansas Code
Subtitle 3 - Personal Property
Chapter 28 - Unclaimed Property
Subchapter 2 - Unclaimed Property Act
§ 18-28-202. Presumptions of abandonment
§ 18-28-203. Contents of safe deposit box or other safekeeping depository
§ 18-28-204. Rules for taking custody
§ 18-28-206. Burden of proof as to property evidenced by record of check or draft
§ 18-28-207. Report of abandoned property
§ 18-28-208. Payment or delivery of abandoned property
§ 18-28-209. Notice and publication of lists of abandoned property
§ 18-28-210. Custody by state — Recovery by holder — Defense of holder
§ 18-28-211. Crediting of dividends, interest, and increments to owner's account
§ 18-28-212. Public sale of abandoned property
§ 18-28-213. Deposit of funds. — Definition
§ 18-28-214. Claim of another state to recover property
§ 18-28-215. Filing claim with administrator — Handling of claims by administrator
§ 18-28-216. Action to establish claim
§ 18-28-217. Election to take payment or delivery
§ 18-28-219. Periods of limitation
§ 18-28-220. Requests for reports and examination of records
§ 18-28-221. Retention of records
§ 18-28-223. Interstate agreements and cooperation — Joint and reciprocal actions with other states
§ 18-28-224. Interest and penalties
§ 18-28-225. Agreement to locate property
§ 18-28-226. Foreign transactions
§ 18-28-227. Transitional provisions
§ 18-28-229. Uniformity of application and construction