State Codes and Statutes
Statutes > North-carolina > Chapter_116B > GS_116B-58§ 116B‑58. Burdenof proof as to property evidenced by record of check or draft.
A record of the issuance of a check, draft, or similar instrument isprima facie evidence of an obligation. In claiming property from a holder whois also the issuer, the Treasurer's burden of proof as to the existence andamount of the property and its abandonment is satisfied by showing issuance ofthe instrument and passage of the requisite period of abandonment. Defenses ofpayment, satisfaction, discharge, and want of consideration are affirmativedefenses that must be established by the holder. In asserting these affirmativedefenses, a holder who is also the issuer may satisfy the holder's burden ofproof by showing a written acknowledgement by the payee of a check, draft, orsimilar instrument that no obligation is owed the payee. (1999‑460, s. 6.)
