HRS §523A-7
Burden of proof for property shown by a check or draft
This section says that a record showing a check or draft was issued is enough to prove an obligation exists. When the state claims unclaimed property from the business that issued the check, the state only needs to show the check was issued and the abandonment time passed. The business must prove it already paid or had a valid reason not to pay.
businessesstate agencies
The statute, as written — 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 shall be 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 shall be 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 shall be established by the holder.
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