KRS 355.3-309: Enforcement of lost, destroyed, or stolen instrument.

(1) A person not in possession of an instrument is entitled to enforce the instrument if:

(a) The person seeking to enforce the instrument:

1. Was entitled to enforce the instrument when loss of possession occurred;

or

2. Has directly or indirectly acquired ow nership of the instrument from a

person who was entitled to enforce the instrument when loss of

possession occurred;

(b) The loss of possession was not the result of a transfer by the person or a

lawful seizure; and

(c) 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.

(2) A person seeking enforcement of an instrument under subsection (1) of this section

must prove the terms of the instrument and the person's right to enforce the

instrument. If that proof is made, KRS 355.3-308 applies to the case as if the person

seeking enforcement had p roduced 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.