NMSA 1978 Chapter 7 — Taxation
NMSA 1978, § 7-8A-6
7-8A-6
Official textnmonesource.comlast amended
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 is 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 is 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 must be established by the holder.
Amendment history
Laws 1997, ch. 25, § 6.
Source: official source (NMSA chapter on nmonesource.com)
In this article (32 sections)
- 7-8A-1 · Definitions
- 7-8A-2 · Presumptions of abandonment
- 7-8A-3 · 7-8A-3
- 7-8A-4 · Rules for taking custody
- 7-8A-5 · Dormancy charge
- 7-8A-6 · 7-8A-6
- 7-8A-7 · Report of abandoned property
- 7-8A-8 · Payment or delivery of abandoned property
- 7-8A-9 · Notice and publication of lists of abandoned property
- 7-8A-10 · Custody by state; recovery by holder; defense of holder
- 7-8A-10.1 · Exercise of due diligence; liability; notice
- 7-8A-11 · 7-8A-11
- 7-8A-12 · Public sale of abandoned property
- 7-8A-13 · Deposit of funds
- 7-8A-14 · Claim of another state to recover property
- 7-8A-15 · 7-8A-15
- 7-8A-16 · Appeal; action to establish claim
- 7-8A-17 · Election to take payment or delivery
- 7-8A-18 · 7-8A-18
- 7-8A-19 · Periods of limitation
- 7-8A-20 · Requests for reports and examination of records
- 7-8A-21 · Retention of records
- 7-8A-22 · Enforcement
- 7-8A-23 · 7-8A-23
- 7-8A-24 · Interest and penalties
- 7-8A-25 · Agreement to locate property
- 7-8A-26 · Foreign transactions
- 7-8A-27 · Transitional provisions
- 7-8A-28 · Rules
- 7-8A-29 · Uniformity of application and construction
- 7-8A-30 · Short title
- 7-8A-31 · Severability clause