67-4a-1005. Evidence of unpaid debt or undischarged obligation.
(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 Subsectionor that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder. (1)
(3) A putative holder may overcome prima facie evidence under Subsectionby establishing by a preponderance of the evidence that a check, draft, or similar instrument was: (1) issued as an unaccepted offer in settlement of an unliquidated amount; issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected; issued to a party affiliated with the issuer; paid, satisfied, or discharged; issued in error; issued without consideration; issued but there was a failure of consideration; voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or 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.