                                 CODE OF VIRGINIA

ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT (§ 8.3A-309)

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&#8217;s right to enforce the
instrument. If that proof is made, &#xA7; 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.

HISTORY: 1964, c. 219, § 8.3-804; 1992, c. 693.