§ 6A-3-309 - Enforcement of lost, destroyed, or stolen instrument.
SECTION 6A-3-309
§ 6A-3-309 Enforcement of lost, destroyed,or stolen instrument. – (a) A person not in possession of an instrument is entitled to enforce theinstrument if (i) the person was in possession of the instrument and entitledto enforce it when loss of possession occurred, (ii) the loss of possession wasnot the result of a transfer by the person or a lawful seizure, and (iii) theperson cannot reasonably obtain possession of the instrument because theinstrument was destroyed, its whereabouts cannot be determined, or it is in thewrongful possession of an unknown person or a person that cannot be found or isnot amenable to service of process.
(b) A person seeking enforcement of an instrument undersubsection (a) must prove the terms of the instrument and the person's right toenforce the instrument. If that proof is made, § 6A-3-308 applies to thecase as if the person seeking enforcement had produced the instrument. Thecourt may not enter judgment in favor of the person seeking enforcement unlessit finds that the person required to pay the instrument is adequately protectedagainst loss that might occur by reason of a claim by another person to enforcethe instrument. Adequate protection may be provided by any reasonable means.