{"data":{"id":"us-ky/krs-355.3-309","jurisdiction":"us-ky","citation":"KRS 355.3-309","heading":"Enforcement of lost, destroyed, or stolen instrument.","body":"(1) A person not in possession of an instrument is entitled to enforce the instrument if:\n(a) The person seeking to enforce the instrument:\n1. Was entitled to enforce the instrument when loss of possession occurred;\nor\n2. Has directly or indirectly acquired ow nership of the instrument from a\nperson who was entitled to enforce the instrument when loss of\npossession occurred;\n(b) The loss of possession was not the result of a transfer by the person or a\nlawful seizure; and\n(c) The person cannot reasonably obtain possession of the instrument because the\ninstrument was destroyed, its whereabouts cannot be determined, or it is in the\nwrongful possession of an unknown person or a person that cannot be found\nor is not amenable to service of process.\n(2) A person seeking enforcement of an instrument under subsection (1) of this section\nmust prove the terms of the instrument and the person's right to enforce the\ninstrument. If that proof is made, KRS 355.3-308 applies to the case as if the person\nseeking enforcement had p roduced the instrument. The court may not enter\njudgment in favor of the person seeking enforcement unless it finds that the person\nrequired to pay the instrument is adequately protected against loss that might occur\nby reason of a claim by another person to enforce the instrument. Adequate\nprotection may be provided by any reasonable means.","path":[],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=33467","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:44Z","sha256":"02b4645c1a30462bbdfd72a0f0e756ac01afef0b35dbf7bdc86015eb10ca5754","source_id":"us-ky","stale":false,"prev":"us-ky/krs-355.3-308","next":"us-ky/krs-355.3-310"},"notice":"GroundRules: Original legal text. Not legal advice."}