{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.3A-309.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.3A-309.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.3A-309.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.3A-309.html"}],"law_id":57632,"edition_id":1,"section_id":57632,"structure_id":13055,"section_number":"8.3A-309","catch_line":"Enforcement of lost, destroyed, or stolen instrument","history":"1964, c. 219, \u00a7 8.3-804; 1992, c. 693.","full_text":"a\n\nA 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\n\nA 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, § 8.3A-308 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.","order_by":null,"text":{"0":{"id":211154,"text":"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.","type":"section","prefixes":["a"],"prefix":"a","entire_prefix":"a","prefix_anchor":"a","level":1,"next_prefix":"b"},"1":{"id":211155,"text":"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, § 8.3A-308 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.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.3A-309\/","history_text":"

This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 \u201cActs\u201d aren\u2019t available online. It has been modified 1 time. 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. That modification is as follows: in 1992, chapter 693.<\/p>","references":[{"id":85088,"section_number":"8.01-32","catch_line":"Action on lost evidences of debt","order_by":null,"url":"\/8.01-32\/"},{"id":65014,"section_number":"8.3A-301","catch_line":"Person entitled to enforce instrument","order_by":null,"url":"\/8.3A-301\/"},{"id":82560,"section_number":"8.3A-312","catch_line":"Lost, destroyed, or stolen cashier's check, teller's check, or certified check","order_by":null,"url":"\/8.3A-312\/"}],"refers_to":[{"id":60258,"section_number":"8.3A-308","catch_line":"Proof of signatures and status as holder in due course","order_by":null,"url":"\/8.3A-308\/"}],"permalink":{"id":282853,"object_type":"law","relational_id":57632,"identifier":"8.3A-309","token":"8.3A\/3\/8.3A-309","url":"\/8.3A-309\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.3A-309\/","token":"8.3A\/3\/8.3A-309","dublin_core":{"Title":"Enforcement of lost, destroyed, or stolen instrument","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.3A-309","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

a.<\/span> A person not in possession<\/span> of an instrument is entitled to enforce the instrument if (i) the person was in possession<\/span> of the instrument and entitled to enforce it when loss of possession<\/span> occurred, (ii) the loss of possession<\/span> was not the result of a transfer by the person or a lawful seizure, and (iii) the person cannot reasonably obtain possession<\/span> of the instrument because the instrument was destroyed, its whereabouts cannot be determined, or it is in the wrongful possession<\/span> of an unknown person or a person that cannot be found or is not amenable to service of process<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

b.<\/span> 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, § 8.3A-308<\/a> applies to the case as if the person seeking enforcement had produced the instrument. The court<\/span> may not enter judgment<\/span> 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. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT (\u00a7 8.3A-309)\n\na. A person not in possession of an instrument is entitled to enforce the\ninstrument if (i) the person was in possession of the instrument and entitled to\nenforce it when loss of possession occurred, (ii) the loss of possession was not\nthe result of a transfer by the person or a lawful seizure, and (iii) the person\ncannot reasonably obtain possession of the instrument because the instrument was\ndestroyed, its whereabouts cannot be determined, or it is in the wrongful\npossession of an unknown person or a person that cannot be found or is not\namenable to service of process.\n\nb. A person seeking enforcement of an instrument under subsection (a) must prove\nthe terms of the instrument and the person’s right to enforce the\ninstrument. If that proof is made, § 8.3A-308 applies to the case as if the\nperson seeking enforcement had produced the instrument. The court may not enter\njudgment in favor of the person seeking enforcement unless it finds that the\nperson required to pay the instrument is adequately protected against loss that\nmight occur by reason of a claim by another person to enforce the instrument.\nAdequate protection may be provided by any reasonable means.\n\nHISTORY: 1964, c. 219, \u00a7 8.3-804; 1992, c. 693.","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}}