Utah Code
Utah Code § 67-4a-1005 (2026)
Evidence of unpaid debt or undischarged obligation
✓ current as of May 2026
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A record of a putative holder showing an unpaid debt or undischarged obligation is prima facie evidence of the debt or obligation.
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 (1) or that the debt or obligation was not, or no longer is, a fixed and certain obligation of the putative holder.
A putative holder may overcome prima facie evidence under Subsection (1) by establishing by a preponderance of the evidence that a check, draft, or similar instrument was:
issued as an unaccepted offer in settlement of an unliquidated amount;
issued but later was replaced with another instrument because the earlier instrument was lost or contained an error that was corrected;
issued to a party affiliated with the issuer;
paid, satisfied, or discharged;
issued in error;
issued without consideration;
issued but there was a failure of consideration;
voided within a reasonable time after issuance for a valid business reason set forth in a contemporaneous record; or
issued but not delivered to the third-party payee for a sufficient reason recorded within a reasonable time after issuance.
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.
Notes of Decisions
Cited in 2
cases (2 in the last 5 years), 2025–2026 · leading case: State v. Jennings, 2025 UT 59 (Utah 2025).
State v. Jennings, 2025 UT 59 (Utah 2025). “I believe we should give meaning to the legislature’s intentional use of a different term here.”
State v. Jennings, 2026 UT 4 (Utah 2026). “”34 Admittedly, our caselaw has used the terms “prima facie evidence,” “prima facie claim,” “prima facie showing,” and “prima facie case” apparently interchangeably to describe both pleading and evidentiary burdens at multiple stages of litigation.”
Utah Code § 67-4a-1005(1): 2 cases
State v. Jennings, 2025 UT 59 (Utah 2025). “I believe we should give meaning to the legislature’s intentional use of a different term here.”
State v. Jennings, 2026 UT 4 (Utah 2026). “”34 Admittedly, our caselaw has used the terms “prima facie evidence,” “prima facie claim,” “prima facie showing,” and “prima facie case” apparently interchangeably to describe both pleading and evidentiary burdens at multiple stages of litigation.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.