Current through Public Act 103-1052
Section 765 ILCS 1026/15-1005 - 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 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;(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, 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.Added by P.A. 100-0022,§ 15-1005, eff. 1/1/2018.