Revised Code of Washington
Chapter 62A.3 - Negotiable Instruments.
62A.3-309 - Enforcement of lost, destroyed, or stolen instrument.

RCW 62A.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, RCW 62A.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.

[ 1993 c 229 § 37.]
NOTES:

Recovery of attorneys' fees—Effective date—1993 c 229: See RCW 62A.11-111 and 62A.11-112.

Structure Revised Code of Washington

Revised Code of Washington

Title 62A - Uniform Commercial Code

Chapter 62A.3 - Negotiable Instruments.

62A.3-101 - Short title.

62A.3-102 - Subject matter.

62A.3-103 - Definitions.

62A.3-104 - Negotiable instrument.

62A.3-105 - Issue of instrument.

62A.3-106 - Unconditional promise or order.

62A.3-107 - Instrument payable in foreign money.

62A.3-108 - Payable on demand or at definite time.

62A.3-109 - Payable to bearer or to order.

62A.3-110 - Identification of person to whom instrument is payable.

62A.3-111 - Place of payment.

62A.3-112 - Interest.

62A.3-113 - Date of instrument.

62A.3-114 - Contradictory terms of instrument.

62A.3-115 - Incomplete instrument.

62A.3-116 - Joint and several liability; contribution.

62A.3-117 - Other agreements affecting instrument.

62A.3-118 - Statute of limitations.

62A.3-119 - Notice of right to defend action.

62A.3-201 - Negotiation.

62A.3-202 - Negotiation subject to rescission.

62A.3-203 - Transfer of instrument; rights acquired by transfer.

62A.3-204 - Indorsement.

62A.3-205 - Special indorsement; blank indorsement; anomalous indorsement.

62A.3-206 - Restrictive indorsement.

62A.3-207 - Reacquisition.

62A.3-301 - Person entitled to enforce instrument.

62A.3-302 - Holder in due course.

62A.3-303 - Value and consideration.

62A.3-304 - Overdue instrument.

62A.3-305 - Defenses and claims in recoupment.

62A.3-306 - Claims to an instrument.

62A.3-307 - Notice of breach of fiduciary duty.

62A.3-308 - Proof of signatures and status as holder in due course.

62A.3-309 - Enforcement of lost, destroyed, or stolen instrument.

62A.3-310 - Effect of instrument on obligation for which taken.

62A.3-311 - Accord and satisfaction by use of instrument.

62A.3-312 - Lost, destroyed, or stolen cashier's check, teller's check, or certified check.

62A.3-401 - Signature.

62A.3-402 - Signature by representative.

62A.3-403 - Unauthorized signature.

62A.3-404 - Impostors; fictitious payees.

62A.3-405 - Employer's responsibility for fraudulent indorsement by employee.

62A.3-406 - Negligence contributing to forged signature or alteration of instrument.

62A.3-407 - Alteration.

62A.3-408 - Drawee not liable on unaccepted draft.

62A.3-409 - Acceptance of draft; certified check.

62A.3-410 - Acceptance varying draft.

62A.3-411 - Refusal to pay cashier's checks, teller's checks, and certified checks.

62A.3-412 - Obligation of issuer of note or cashier's check.

62A.3-413 - Obligation of acceptor.

62A.3-414 - Obligation of drawer.

62A.3-415 - Obligation of indorser.

62A.3-416 - Transfer warranties.

62A.3-417 - Presentment warranties.

62A.3-418 - Payment or acceptance by mistake.

62A.3-419 - Instruments signed for accommodation.

62A.3-420 - Conversion of instrument.

62A.3-501 - Presentment.

62A.3-502 - Dishonor.

62A.3-503 - Notice of dishonor.

62A.3-504 - Excused presentment and notice of dishonor.

62A.3-505 - Evidence of dishonor.

62A.3-512 - Credit cards—As identification—In lieu of deposit.

62A.3-515 - Checks dishonored by nonacceptance or nonpayment; liability for interest; rate; collection costs and attorneys' fees; satisfaction of claim.

62A.3-520 - Statutory form for notice of dishonor.

62A.3-522 - Notice of dishonor—Affidavit of service by mail.

62A.3-525 - Consequences for failing to comply with requirements.

62A.3-530 - Collection agencies—Checks dishonored by nonacceptance or nonpayment; liability for interest; rate; collection costs and attorneys' fees; satisfaction of claim.

62A.3-540 - Collection agencies—Statutory form for notice of dishonor.

62A.3-550 - Collection agencies—Consequences for failing to comply with requirements.

62A.3-601 - Discharge and effect of discharge.

62A.3-602 - Payment.

62A.3-603 - Tender of payment.

62A.3-604 - Discharge by cancellation or renunciation.

62A.3-605 - Discharge of indorsers and accommodation parties.