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The Vermont Statutes Online
Title
09A
:
Uniform Commercial Code
Chapter
003
:
Commercial Paper
§
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) must prove the terms
of the instrument and the person's right to enforce the instrument. If that
proof is made, section 3-308 of this
titleapplies 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. (Added 1993, No. 158 (Adj. Sess.), § 12, eff. Jan. 1,
1995.)