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2020 Alaska Statutes
Title 34. Property
Chapter 45. Unclaimed Property
Article 3. Conditions Leading to Presumption of Aban- donment of Particular Types of Personal Property.
Sec. 34.45.270. Burden of proof as to property evidenced by record of check, draft, or similar instrument.
Universal Citation: AK Stat § 34.45.270 (2020)
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 who is also the issuer, the department'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.
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