(765 ILCS 1026/15-1005)
Sec. 15-1005. 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) 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) 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 |
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(2) issued but later was replaced with another
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| instrument because the earlier instrument was lost or contained an error that was corrected;
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(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
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| a valid business reason set forth in a contemporaneous record; or
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(9) issued but not delivered to the third-party payee
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| for a sufficient reason recorded within a reasonable time after issuance.
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(d) In asserting a defense under this Section, and subject to the records retention requirements of Section 15-404, a putative holder may present evidence of a course of dealing between the putative holder and the apparent owner.
(Source: P.A. 100-22, eff. 1-1-18 .)
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