Connecticut General Statutes
Article 3 - Negotiable Instruments
Section 42a-3-309. - Enforcement of lost, destroyed or stolen instrument.

(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's right to enforce the instrument. If that proof is made, section 42a-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.
(P.A. 91-304, S. 35.)
Cited. 238 C. 745.
There is no specific requirement that proponent of a lost note produce an affidavit detailing how the instrument was lost; photocopy of note was acceptable where there was no evidence that it was not an accurate copy. 140 CA 827. Subsec. (a): The only person who can enforce note is the person in possession of note when it was lost. 185 CA 534. Plaintiff does not have standing and is not entitled to enforce a note as a successor pursuant to an order of attachment and garnishment issued by a court if she does not have possession of the note and meet the requirements of this section. 199 CA 734.
Cited. 44 CS 464.

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