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§12A-3-309.
§12A-3-309.
ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT
(a) A person not in possession of an instrument is entitled to enforce
the instrument if (i) the person was in possession of the instrument
and entitled to enforce it when loss of possession occurred, (ii) the
loss of possession was not the result of a transfer by the person or a
lawful seizure, and (iii) the person cannot reasonably obtain
possession of the instrument because the instrument was destroyed, its
whereabouts cannot be determined, or it is in the wrongful possession
of an unknown person or a person that cannot be found or is not
amenable to service of process.
(b) A person seeking enforcement of an instrument under subsection (a)
of this section must prove the terms of the instrument and the
person's right to enforce the instrument. If that proof is made,
Section 59 of this act applies to the case as if the person seeking
enforcement had produced the instrument. The court may not enter
judgment in favor of the person seeking enforcement unless it finds
that the person required to pay the instrument is adequately protected
against loss that might occur by reason of a claim by another person
to enforce the instrument. Adequate protection may be provided by any
reasonable means.
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