Section 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 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;(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.Added by Chapter 371, 2017 General Session ,§ 62, eff. 5/9/2017.