{"data":{"id":"us-ms/miss.-code-ann.-75-3-309","jurisdiction":"us-ms","citation":"Miss. Code Ann. § 75-3-309","heading":"Enforcement of lost, destroyed, or stolen instrument.","body":"(a) A person not in possession of an instrument is entitled to enforce the instrument if:\n(1) The person seeking to enforce the instrument:\n(i) Was entitled to enforce the instrument when loss of possession occurred; or\n(ii) Has directly or indirectly acquired ownership of the instrument from a person who was entitled to enforce the instrument when loss of possession occurred;\n(2) The loss of possession was not the result of a transfer by the person or a lawful seizure; and\n(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.\n(b) 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, Section 75-3-308 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.","path":["Title 75. Regulation of Trade, Commerce and Investments","Chapter 3. Uniform Commercial Code — Negotiable Instruments","Part 3. Enforcement of Instruments."],"source_url":"https://archive.org/download/gov.ms.code.ann.2018/release78.2020.07.08/gov.ms.code.title.75.odt","current_through":"2020-07-08","vintage":"Mississippi Code Release 78 (2020-07), retrieved 2026-09-17","retrieved_at":"2026-10-27T05:54:13Z","sha256":"6e0f1e3614243f1fd2821ef1b7a93889043ff7a31dc4fb708938aa9154558089","source_id":"us-ms","stale":false,"prev":"us-ms/miss.-code-ann.-75-3-308","next":"us-ms/miss.-code-ann.-75-3-310","notices":[{"id":"open-us-law","title":"Open US Law compilation","text":"Compilation CC BY 4.0, Open US Law (Vaquill AI). GroundRules uses only the releases published under CC BY 4.0: from v2026.09 the compilation is licensed CC BY-NC 4.0, and GroundRules does not use those releases. Each affected row names its release in its vintage label. GroundRules parsed and filtered the compilation to retain enacted text.","url":"https://huggingface.co/datasets/vaquill/open-us-law","license_url":"https://creativecommons.org/licenses/by/4.0/"},{"id":"pro-ms","title":"Mississippi Release 78 supplement","text":"Mississippi electronic product files were republished by Public.Resource.Org under a public-domain dedication. GroundRules uses enacted text from Release 78 only as a labeled supplement to the newer Open US Law rows.","url":"https://archive.org/details/gov.ms.code.ann.2018"}]},"notice":"GroundRules: Original legal text. Not legal advice."}