400.3-309. Enforcement of lost, destroyed, or stolen instrument. - Missouri Statutes

Enforcement of lost, destroyed, or stolen instrument.

400.3-309. (a) A person not in possession of an instrumentis entitled to enforce the instrument if (i) the person was inpossession of the instrument and entitled to enforce it when lossof possession occurred, (ii) the loss of possession was not theresult of a transfer by the person or a lawful seizure, and (iii)the person cannot reasonably obtain possession of the instrumentbecause the instrument was destroyed, its whereabouts cannot bedetermined, or it is in the wrongful possession of an unknownperson or a person that cannot be found or is not amenable toservice of process.

(b) A person seeking enforcement of an instrument undersubsection (a) must prove the terms of the instrument and theperson's right to enforce the instrument. If that proof is made,Section 400.3-308 applies to the case as if the person seekingenforcement had produced the instrument. The court may not enterjudgment in favor of the person seeking enforcement unless itfinds that the person required to pay the instrument isadequately protected against loss that might occur by reason of aclaim by another person to enforce the instrument. Adequateprotection may be provided by any reasonable means.

(L. 1992 S.B. 448)