(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) of this section 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) of this section 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 not later than ninety days after issuance for a valid business reason set forth in a contemporaneous record; or(i) Issued but not delivered to the but there was a failure of consideration;(h) Voided not later than ninety days 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of a course of dealing between the putative holder and the apparent owner or of custom and practice.Entire article repealed and reenacted with amendments by 2019 Ch. 110, § 1, eff. 7/1/2020.L. 2019: Entire article R&RE, (SB 19 -088), ch. 446, p. 446, § 1, effective 7/1/2020.
Colorado Legal Code