Massachusetts General Laws
Article 3 - Negotiable Instruments
Section 3-309 - Enforcement of Lost, Destroyed, or Stolen Instrument

Section 3–309. (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 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.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XV - Regulation of Trade

Chapter 106 - Uniform Commercial Code

Article 3 - Negotiable Instruments

Section 3-111 - Place of Payment

Section 3-112 - Interest

Section 3-102 - Subject Matter

Section 3-312 - Lost, Destroyed, or Stolen Cashier's Check, Teller's Check, or Certified Check

Section 3-401 - Signature

Section 3-402 - Signature by Representative

Section 3-403 - Unauthorized Signature

Section 3-404 - Impostors; Fictitious Payees

Section 3-405 - Employer's Responsibility for Fraudulent Indorsement by Employee

Section 3-406 - Negligence Contributing to Forged Signature or Alteration of Instrument

Section 3-407 - Alteration

Section 3-408 - Drawee Not Liable on Unaccepted Draft

Section 3-409 - Acceptance of Draft; Certified Check

Section 3-410 - Acceptance Varying Draft

Section 3-411 - Refusal to Pay Cashier's Checks, Teller's Checks, and Certified Checks

Section 3-412 - Obligation of Issuer of Note or Cashier's Check

Section 3-413 - Obligation of Acceptor

Section 3-311 - Accord and Satisfaction by Use of Instrument

Section 3-414 - Obligation of Drawer

Section 3-416 - Transfer Warranties

Section 3-418 - Payment or Acceptance by Mistake

Section 3-419 - Instruments Signed for Accommodation

Section 3-420 - Conversion of Instrument

Section 3-501 - Presentment

Section 3-502 - Dishonor

Section 3-503 - Notice of Dishonor

Section 3-504 - Excused Presentment and Notice of Dishonor

Section 3-505 - Evidence of Dishonor

Section 3-601 - Discharge and Effect of Discharge

Section 3-602 - Payment

Section 3-603 - Tender of Payment

Section 3-604 - Discharge by Cancellation or Renunciation

Section 3-605 - Discharge of Indorsers and Accommodation Parties

Section 3-415 - Obligation of Indorser

Section 3-310 - Effect of Instrument on Obligation for Which Taken

Section 3-417 - Presentment Warranties

Section 3-308 - Proof of Signatures and Status as Holder in Due Course

Section 3-309 - Enforcement of Lost, Destroyed, or Stolen Instrument

Section 3-103 - Definitions

Section 3-104 - Negotiable Instrument

Section 3-105 - Issue of Instrument

Section 3-106 - Unconditional Promise or Order

Section 3-107 - Instrument Payable in Foreign Money

Section 3-108 - Payable on Demand or at Definite Time

Section 3-110 - Identification of Person to Whom Instrument Is Payable

Section 3-101 - Short Title

Section 3-113 - Date of Instrument

Section 3-114 - Contradictory Terms of Instrument

Section 3-115 - Incomplete Instrument

Section 3-116 - Joint and Several Liability; Contribution

Section 3-117 - Other Agreements Affecting Instrument

Section 3-118 - Statute of Limitations

Section 3-109 - Payable to Bearer or to Order

Section 3-201 - Negotiation

Section 3-307 - Notice of Breach of Fiduciary Duty

Section 3-119 - Notice of Right to Defend Action

Section 3-306 - Claims to an Instrument

Section 3-305 - Defenses and Claims in Recoupment

Section 3-304 - Overdue Instrument

Section 3-302 - Holder in Due Course

Section 3-301 - Person Entitled to Enforce Instrument

Section 3-303 - Value and Consideration

Section 3-207 - Reacquisition

Section 3-206 - Restrictive Indorsement

Section 3-205 - Special Indorsement; Blank Indorsement; Anomalous Indorsement

Section 3-204 - Indorsement

Section 3-203 - Transfer of Instrument; Rights Acquired by Transfer

Section 3-202 - Negotiation Subject to Rescission