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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online does not include the actions of the 2024 session of the General Assembly. We expect them to be updated by November 1st.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 27 : Property

Chapter 018 : Unclaimed Property

Subchapter 010 : Verified Report of Property; Examination of Records

(Cite as: 27 V.S.A. § 1565)
  • § 1565. Evidence of unpaid debt or undischarged obligation

    (a) A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.

    (b) 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 (a) of this section or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.

    (c) A putative holder may overcome prima facie evidence under subsection (a) of this section by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:

    (1) issued as an unaccepted offer in settlement of an unliquidated amount;

    (2) issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;

    (3) issued to a party affiliated with the issuer;

    (4) paid, satisfied, or discharged;

    (5) issued in error;

    (6) issued without consideration;

    (7) issued but there was a failure of consideration;

    (8) voided not later than 90 days after issuance for a valid business reason set forth in a contemporaneous record; or

    (9) issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.

    (d) 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. (Added 2019, No. 93 (Adj. Sess.), § 2, eff. Jan. 1, 2021.)