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§ 3-309. Enforcement of Lost, Destroyed, or Stolen Instrument

Oklahoma Statutes AnnotatedTitle 12A. Commercial Code

Oklahoma Statutes Annotated
Title 12a. Commercial Code (Refs & Annos)
Article 3. Negotiable Instruments (Refs & Annos)
Part 3. Enforcement of Instruments
12A Okl.St.Ann. § 3-309
§ 3-309. Enforcement of Lost, Destroyed, or Stolen Instrument
Currentness
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 seeking to enforce the instrument:
(A) was entitled to enforce the instrument when loss of possession occurred; or
(B) has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument 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 3-308 of this title 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.

Credits

Laws 1991, c. 117, § 60, eff. Jan. 1, 1992; Laws 2009, c. 208, § 7, eff. Nov. 1, 2009.
12A Okl. St. Ann. § 3-309, OK ST T. 12A § 3-309
Current with emergency effective legislation through Chapter 182 of the Second Regular Session of the 59th Legislature (2024). Some sections may be more current, see credits for details.
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