47-3309. Enforcement of lost, destroyed or
stolen instrument
A. A person not in possession of an instrument is entitled to enforce the
instrument if:
1. The person was in possession of the instrument and entitled to enforce it when
loss of possession occurred;
2. The loss of possession was not the result of a transfer by the person or a
lawful seizure; and
3. 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 47-3308 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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