Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

336.3-309 ENFORCEMENT OF LOST, DESTROYED, OR STOLEN INSTRUMENT.
(a) A person not in possession of an instrument is entitled to enforce the instrument if
(1) the person seeking to enforce the instrument (A) was entitled to enforce the instrument
when loss of possession occurred, or (B) has directly or indirectly acquired ownership of the
instrument from a person who was entitled to enforce the instrument when loss of possession
occurred;
(2) the loss of possession was not the result of a transfer by the person or a lawful seizure; and
(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.
(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
336.3-308 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.
History: 1992 c 565 s 37; 2003 c 81 art 1 s 6

Official Publication of the State of Minnesota
Revisor of Statutes