State Codes and Statutes
Statutes > Virginia > Title-8-3a > Part-3 > 8-3a-309§ 8.3A-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 possessionwas 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 theinstrument was destroyed, its whereabouts cannot be determined, or it is inthe wrongful possession of an unknown person or a person that cannot be foundor is not amenable to service of process.
(b) A person seeking enforcement of an instrument under subsection (a) mustprove the terms of the instrument and the person's right to enforce theinstrument. If that proof is made, § 8.3A-308 applies to the case as if theperson seeking enforcement had produced the instrument. The court may notenter judgment in favor of the person seeking enforcement unless it findsthat the person required to pay the instrument is adequately protectedagainst loss that might occur by reason of a claim by another person toenforce the instrument. Adequate protection may be provided by anyreasonable means.
(1964, c. 219, § 8.3-804; 1992, c. 693.)
