(a) A record showing an unpaid debt or undischarged obligation is prima facie evidence of an obligation. In claiming property from a holder, the State Escheator's burden of proof as to the existence and amount of the property and its abandonment is satisfied by showing evidence of the unpaid debt or undischarged obligation and passage of the requisite period of abandonment.
(b) A holder may overcome prima facie evidence under subsection (a) of this section by establishing by a preponderance of the evidence that 1 of the following occurred:
(1) A check, draft, or similar instrument was issued as an unaccepted offer in settlement of an unliquidated amount.
(2) A check, draft, or similar instrument was issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected.
(3) A check, draft, or similar instrument was issued to a party affiliated with the issuer.
(4) A check, draft, or similar instrument was paid, satisfied, or discharged.
(5) A check, draft, or similar instrument was issued in error.
(6) A check, draft, or similar instrument was issued without consideration.
Structure Delaware Code
Title 12 - Decedents' Estates and Fiduciary Relations
Subchapter II. Unclaimed Property
§ 1131. Inapplicability to wholly foreign transaction.
§ 1133. When property presumed abandoned.
§ 1134. When contents of safe deposit box presumed abandoned.
§ 1135. When related property interest presumed abandoned.
§ 1136. Indication of owner interest in property.
§ 1138. Retained asset account for insurance policy or annuity contract.
§ 1139. Address of owner to establish priority.
§ 1140. Address of owner in this State.
§ 1141. Holder domiciled in this State.
§ 1142. Report required by holder.
§ 1144. When report to be filed.
§ 1146. When property reportable and payable or deliverable.
§ 1147. Limitation on assignment or transfer of liability.
§ 1148. Notice to owner by holder [For application of this section, see 83 Del. Laws, c. 59, § 25].
§ 1149. Contents of notice by holder.
§ 1151. Cooperation among agencies to determine owner.
§ 1152. Payment or delivery of property to State Escheator.
§ 1153. Effect of payment or delivery of property to State Escheator.
§ 1154. Interest not to run after report of property and limitation on claims.
§ 1155. State Escheator's options as to custody.
§ § 1156. Periods of limitation.
§ 1158. Public sale of property.
§ 1159. Disposal of securities [For application of this section, see 83 Del. Laws, c. 346, § 12].
§ 1161. Purchaser owns property after sale.
§ 1163. Deposit and disbursement of funds.
§ 1164. State Escheator to retain records of property.
§ 1165. Claim for property by person claiming to be owner.
§ 1168. Payment by State Escheator.
§ 1169. Allowance of claim for property.
§ 1170. Request for report of property; compliance reviews.
§ 1173. Voluntary property reporting outreach program.
§ 1174. Records obtained in examination or voluntary disclosure.
§ 1175. Evidence of debt or undischarged obligation.
§ 1176. Failure of person examined to retain records.
§ 1180. Judicial action to enforce liability.
§ 1181. Interstate agreement and cooperation.
§ 1182. Action involving another state.
§ 1183. Interest and penalties.
§ 1184. Other civil penalties.
§ 1186. When agreement to locate property enforceable.
§ 1187. When agreement to locate property unenforceable.
§ 1188. Right of owner's agent to recover property held by State Escheator.