§ 24-8-28 - Procedure as to action on lost or destroyed note, bill, bond, or other instrument - Georgia Statutes

State Codes and Statutes

Statutes > Georgia > Title-24 > Chapter-8 > Article-2 > 24-8-28

O.C.G.A. 24-8-28 (2010)
24-8-28. Procedure as to action on lost or destroyed note, bill, bond, or other instrument

(a) If the paper which has been lost or destroyed is a note, bill, bond, or other instrument upon which an action may be brought, the owner may institute an action thereon as soon as the rule nisi has been issued as provided for in Code Section 24-8-24. The complaint shall set forth that the paper upon which the action is based is lost or destroyed. In no case shall a judgment be entered in the action until it is determined whether the application to establish the paper is granted or not. If the application is granted, then judgment shall be entered as in other cases.

(b) In an action as provided for in subsection (a) of this Code section, production of the paper upon which the action is based shall not be demanded until the time for rendition of judgment in the action; at that time, if the plaintiff produces a copy of the paper with a certified endorsement thereon by the clerk of the court in which it was established, as provided in Code Section 24-8-27, it shall be taken and considered as the original.

(c) This Code section shall not apply to instruments to which Title 11, the "Uniform Commercial Code," is applicable.

State Codes and Statutes

Statutes > Georgia > Title-24 > Chapter-8 > Article-2 > 24-8-28

O.C.G.A. 24-8-28 (2010)
24-8-28. Procedure as to action on lost or destroyed note, bill, bond, or other instrument

(a) If the paper which has been lost or destroyed is a note, bill, bond, or other instrument upon which an action may be brought, the owner may institute an action thereon as soon as the rule nisi has been issued as provided for in Code Section 24-8-24. The complaint shall set forth that the paper upon which the action is based is lost or destroyed. In no case shall a judgment be entered in the action until it is determined whether the application to establish the paper is granted or not. If the application is granted, then judgment shall be entered as in other cases.

(b) In an action as provided for in subsection (a) of this Code section, production of the paper upon which the action is based shall not be demanded until the time for rendition of judgment in the action; at that time, if the plaintiff produces a copy of the paper with a certified endorsement thereon by the clerk of the court in which it was established, as provided in Code Section 24-8-27, it shall be taken and considered as the original.

(c) This Code section shall not apply to instruments to which Title 11, the "Uniform Commercial Code," is applicable.

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Georgia > Title-24 > Chapter-8 > Article-2 > 24-8-28

O.C.G.A. 24-8-28 (2010)
24-8-28. Procedure as to action on lost or destroyed note, bill, bond, or other instrument

(a) If the paper which has been lost or destroyed is a note, bill, bond, or other instrument upon which an action may be brought, the owner may institute an action thereon as soon as the rule nisi has been issued as provided for in Code Section 24-8-24. The complaint shall set forth that the paper upon which the action is based is lost or destroyed. In no case shall a judgment be entered in the action until it is determined whether the application to establish the paper is granted or not. If the application is granted, then judgment shall be entered as in other cases.

(b) In an action as provided for in subsection (a) of this Code section, production of the paper upon which the action is based shall not be demanded until the time for rendition of judgment in the action; at that time, if the plaintiff produces a copy of the paper with a certified endorsement thereon by the clerk of the court in which it was established, as provided in Code Section 24-8-27, it shall be taken and considered as the original.

(c) This Code section shall not apply to instruments to which Title 11, the "Uniform Commercial Code," is applicable.