(1) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.
(2) 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 (1) or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.
(3) A putative holder may overcome prima facie evidence under Subsection (1) by establishing by a preponderance of the evidence that a check, draft, or similar instrument was: (a) issued as an unaccepted offer in settlement of an unliquidated amount; (b) issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected; (c) issued to a party affiliated with the issuer; (d) paid, satisfied, or discharged; (e) issued in error; (f) issued without consideration; (g) issued but there was a failure of consideration; (h) voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or (i) issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.
(a) issued as an unaccepted offer in settlement of an unliquidated amount;
(b) issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;
(c) issued to a party affiliated with the issuer;
(d) paid, satisfied, or discharged;
(e) issued in error;
(f) issued without consideration;
(g) issued but there was a failure of consideration;
(h) voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or
(i) issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.
(4) 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.
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