8.01-32 - Action on lost evidences of debt.

§ 8.01-32. Action on lost evidences of debt.

A. A civil action may be maintained on any past-due lost bond, note,contract, open account agreement, or other written evidence of debt, providedthe plaintiff verifies under oath either in open court or by affidavit thatsaid bond, note, contract, open account agreement, or other written evidenceof debt has been lost or destroyed.

B. Where a true and accurate copy of the written evidence of debt exists,which copy was produced in the normal course of business, the court shallaccept such copy into evidence and shall give effect to its terms as if theoriginal had been placed into evidence.

C. In the event of any inconsistency between this section and any applicableprovisions of § 8.3A-309, the provisions of that section shall control.

(Code 1950, § 8-517; 1954, c. 333; 1964, c. 219; 1977, c. 617; 2000, c. 245;2003, c. 125.)