WVC 36 - 8 - 6
§36-8-6. Burden of proof as to property evidenced by record of check or draft.
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 administrator'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.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
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