{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-308.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-308.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-308.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-308.html"}],"law_id":60258,"edition_id":1,"section_id":60258,"structure_id":13055,"section_number":"8.3A-308","catch_line":"Proof of signatures and status as holder in due course","history":"Code 1950, \u00a7 6-411; 1964, c. 219, \u00a7 8.3-307; 1992, c. 693; 1997, c. 801.","full_text":"a\n\nIn an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incapacitated at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under § 8.3A-402 (a).b\n\nIf the validity of signatures is admitted or proved and there is compliance with subsection (a), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under § 8.3A-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.","order_by":null,"text":{"0":{"id":220382,"text":"In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incapacitated at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under § 8.3A-402 (a).","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":220383,"text":"If the validity of signatures is admitted or proved and there is compliance with subsection (a), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under § 8.3A-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.","type":"section","prefixes":["b"],"prefix":"b","entire_prefix":"b","prefix_anchor":"b","level":1,"prior_prefix":"a"}},"ancestry":[{"id":13055,"edition_id":1,"name":"Enforcement of Instruments","identifier":"3","label":"part","depth":2,"order_by":1,"parent_id":13054,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":282819,"object_type":"structure","relational_id":13055,"identifier":"3","token":"8.3A\/3","url":"\/8.3A\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13054,"edition_id":1,"name":"Commercial Code \u2014 Negotiable Instruments","identifier":"8.3A","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:11","date_modified":"2026-06-26 03:44:11","permalink":{"id":282705,"object_type":"structure","relational_id":13054,"identifier":"8.3A","token":"8.3A","url":"\/8.3A\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":65014,"structure_id":13055,"section_number":"8.3A-301","catch_line":"Person entitled to enforce instrument","url":"\/8.3A-301\/","token":"8.3A\/3\/8.3A-301","metadata":false},{"id":57239,"structure_id":13055,"section_number":"8.3A-302","catch_line":"Holder in due course","url":"\/8.3A-302\/","token":"8.3A\/3\/8.3A-302","metadata":false},{"id":57109,"structure_id":13055,"section_number":"8.3A-303","catch_line":"Value and consideration","url":"\/8.3A-303\/","token":"8.3A\/3\/8.3A-303","metadata":false},{"id":54111,"structure_id":13055,"section_number":"8.3A-304","catch_line":"Overdue instrument","url":"\/8.3A-304\/","token":"8.3A\/3\/8.3A-304","metadata":false},{"id":65312,"structure_id":13055,"section_number":"8.3A-305","catch_line":"Defenses and claims in recoupment","url":"\/8.3A-305\/","token":"8.3A\/3\/8.3A-305","metadata":false},{"id":70356,"structure_id":13055,"section_number":"8.3A-306","catch_line":"Claims to an instrument","url":"\/8.3A-306\/","token":"8.3A\/3\/8.3A-306","metadata":false},{"id":57726,"structure_id":13055,"section_number":"8.3A-307","catch_line":"Notice of breach of fiduciary duty","url":"\/8.3A-307\/","token":"8.3A\/3\/8.3A-307","metadata":false},{"id":60258,"structure_id":13055,"section_number":"8.3A-308","catch_line":"Proof of signatures and status as holder in due course","url":"\/8.3A-308\/","token":"8.3A\/3\/8.3A-308","metadata":false},{"id":57632,"structure_id":13055,"section_number":"8.3A-309","catch_line":"Enforcement of lost, destroyed, or stolen instrument","url":"\/8.3A-309\/","token":"8.3A\/3\/8.3A-309","metadata":false},{"id":82224,"structure_id":13055,"section_number":"8.3A-310","catch_line":"Effect of instrument on obligation for which taken","url":"\/8.3A-310\/","token":"8.3A\/3\/8.3A-310","metadata":false},{"id":83612,"structure_id":13055,"section_number":"8.3A-311","catch_line":"Accord and satisfaction by use of instrument","url":"\/8.3A-311\/","token":"8.3A\/3\/8.3A-311","metadata":false},{"id":82560,"structure_id":13055,"section_number":"8.3A-312","catch_line":"Lost, destroyed, or stolen cashier's check, teller's check, or certified check","url":"\/8.3A-312\/","token":"8.3A\/3\/8.3A-312","metadata":false}],"previous_section":{"id":57726,"structure_id":13055,"section_number":"8.3A-307","catch_line":"Notice of breach of fiduciary duty","url":"\/8.3A-307\/","token":"8.3A\/3\/8.3A-307","metadata":false},"next_section":{"id":57632,"structure_id":13055,"section_number":"8.3A-309","catch_line":"Enforcement of lost, destroyed, or stolen instrument","url":"\/8.3A-309\/","token":"8.3A\/3\/8.3A-309","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-308\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1964, chapter 219; in 1992, chapter 693; in 1997, chapter 801<\/a>.<\/p>","references":[{"id":72991,"section_number":"8.01-279","catch_line":"When proof is unnecessary unless affidavit filed; handwriting; ownership; partnership or incorporation","order_by":null,"url":"\/8.01-279\/"},{"id":57632,"section_number":"8.3A-309","catch_line":"Enforcement of lost, destroyed, or stolen instrument","order_by":null,"url":"\/8.3A-309\/"}],"refers_to":[{"id":65014,"section_number":"8.3A-301","catch_line":"Person entitled to enforce instrument","order_by":null,"url":"\/8.3A-301\/"},{"id":57340,"section_number":"8.3A-402","catch_line":"Signature by representative","order_by":null,"url":"\/8.3A-402\/"}],"permalink":{"id":282849,"object_type":"law","relational_id":60258,"identifier":"8.3A-308","token":"8.3A\/3\/8.3A-308","url":"\/8.3A-308\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-308\/","token":"8.3A\/3\/8.3A-308","dublin_core":{"Title":"Proof of signatures and status as holder in due course","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-308","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings<\/span>. If the validity of a signature is denied in the pleadings<\/span>, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incapacitated at the time of trial<\/span> of the issue<\/span> of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party<\/span> to the instrument, the plaintiff<\/span> has the burden of establishing that the defendant<\/span> is liable on the instrument as a represented person under § 8.3A-402<\/a> (a). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> If the validity of signatures is admitted or proved and there is compliance with subsection (a), a plaintiff<\/span> producing the instrument is entitled to payment if the plaintiff<\/span> proves entitlement to enforce the instrument under § 8.3A-301<\/a>, unless the defendant<\/span> proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff<\/span> is subject to the defense or claim, except to the extent the plaintiff<\/span> proves that the plaintiff<\/span> has rights of a holder in due course which are not subject to the defense or claim. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROOF OF SIGNATURES AND STATUS AS HOLDER IN DUE COURSE (\u00a7 8.3A-308)\n\na. In an action with respect to an instrument, the authenticity of, and\nauthority to make, each signature on the instrument is admitted unless\nspecifically denied in the pleadings. If the validity of a signature is denied\nin the pleadings, the burden of establishing validity is on the person claiming\nvalidity, but the signature is presumed to be authentic and authorized unless\nthe action is to enforce the liability of the purported signer and the signer is\ndead or incapacitated at the time of trial of the issue of validity of the\nsignature. If an action to enforce the instrument is brought against a person as\nthe undisclosed principal of a person who signed the instrument as a party to\nthe instrument, the plaintiff has the burden of establishing that the defendant\nis liable on the instrument as a represented person under § 8.3A-402 (a).\n\nb. If the validity of signatures is admitted or proved and there is compliance\nwith subsection (a), a plaintiff producing the instrument is entitled to payment\nif the plaintiff proves entitlement to enforce the instrument under §\n8.3A-301, unless the defendant proves a defense or claim in recoupment. If a\ndefense or claim in recoupment is proved, the right to payment of the plaintiff\nis subject to the defense or claim, except to the extent the plaintiff proves\nthat the plaintiff has rights of a holder in due course which are not subject to\nthe defense or claim.\n\nHISTORY: Code 1950, \u00a7 6-411; 1964, c. 219, \u00a7 8.3-307; 1992, c. 693; 1997, c.\n801.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}