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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 12A, § 12A-3-309: Enforcement of Lost, Destroyed, or Stolen Instrument

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Where this section sits in the code
  1. OK Code
  2. Title 12A

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.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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