70-9-807. Burden of proof as to property evidenced by record of check or draft. 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 that 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.
History: En. Sec. 7, Ch. 124, L. 1997.
Structure Montana Code Annotated
Chapter 9. Disposition of Unclaimed Property
Part 8. Uniform Unclaimed Property Act
70-9-803. Presumptions of abandonment
70-9-804. Contents of safe deposit box or other safekeeping depository
70-9-805. Rules for taking custody
70-9-807. Burden of proof as to property evidenced by record of check or draft
70-9-808. Report of abandoned property
70-9-809. Payment or delivery of abandoned property
70-9-810. Notice and publication of lists of abandoned property
70-9-811. Custody by state -- recovery by holder -- defense of holder
70-9-812. Public sale of abandoned property
70-9-814. Claim of another state to recover property
70-9-815. Filing claim with administrator -- handling of claims by administrator
70-9-816. Action to establish claim
70-9-817. Election to take payment or delivery
70-9-819. Periods of limitation
70-9-820. Requests for reports and examination of records
70-9-821. Retention of records
70-9-823. Interstate agreements and cooperation -- joint and reciprocal actions with other states
70-9-824. Interest and penalties
70-9-825. Agreement to locate property
70-9-826. Foreign transactions