Okla. Stat. tit. 60, § 60-651.2
This is the official text of Okla. Stat. tit. 60, § 60-651.2, part of Oklahoma’s Stat. tit. 60, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 60,." Browse the sections below, each linked to its official government source.
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Sum payable on check, certified check, cashier's check,
Official statutory text
draft, or similar instrument - Presumption of abandonment - Burden
of proof - Affirmative defenses.
A. Any sum payable on a check, certified check, cashier's
check, draft, or similar instrument, except those subject to Section
651.1 of this title, on which a banking or financial organization is
directly liable, which has been outstanding for more than five (5)
years after it was payable or after its issuance if payable on
demand, is presumed abandoned, unless the owner, within five (5)
years, has communicated in writing with the banking or financial
organization concerning it or otherwise indicated an interest as
evidenced by a memorandum or other record, on file, prepared by an
employee thereof.
B. A record of the issuance of a check, draft, or similar
instrument shall be prima facie evidence of an obligation.
C. The burden of proof upon the State Treasurer in claiming
property from a holder, who is also the issuer, shall be satisfied
by demonstrating the issuance of the instrument and the passage of
the requisite period of abandonment as provided in subsection A of
this section.
D. The holder may assert affirmative defenses of:
1. Payment;
2. Satisfaction;
3. Discharge; and
4. Want of consideration.
Oklahoma Statutes - Title 60. Property Page 200
of proof - Affirmative defenses.
A. Any sum payable on a check, certified check, cashier's
check, draft, or similar instrument, except those subject to Section
651.1 of this title, on which a banking or financial organization is
directly liable, which has been outstanding for more than five (5)
years after it was payable or after its issuance if payable on
demand, is presumed abandoned, unless the owner, within five (5)
years, has communicated in writing with the banking or financial
organization concerning it or otherwise indicated an interest as
evidenced by a memorandum or other record, on file, prepared by an
employee thereof.
B. A record of the issuance of a check, draft, or similar
instrument shall be prima facie evidence of an obligation.
C. The burden of proof upon the State Treasurer in claiming
property from a holder, who is also the issuer, shall be satisfied
by demonstrating the issuance of the instrument and the passage of
the requisite period of abandonment as provided in subsection A of
this section.
D. The holder may assert affirmative defenses of:
1. Payment;
2. Satisfaction;
3. Discharge; and
4. Want of consideration.
Oklahoma Statutes - Title 60. Property Page 200
Status: in_force · Read it on the official government site
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