Colorado § 4-3-309 - Enforcement of lost, destroyed, or stolen instrument.
Full text of Colorado Colorado Revised Statutes § 4-3-309 — Enforcement of lost, destroyed, or stolen instrument., with citation guidance and answers to common questions.
§ 4-3-309. 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) of this section must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, section 4-3-308 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.
Source: L. 94: Entire article R&RE, p. 858, § 1, effective January 1, 1995.
Editor's note: This section is similar to former § 4-3-804 as it existed prior to 1994.
ANNOTATION
Law reviews. For article, "Payee v. Depository Bank: What is the UCC Defense to Handling Checks Bearing Forged Indorsements?", see 45 U. Colo. L. Rev. 281 (1974).
Applied in Hull v. Bowest Corp., 649 P.2d 334 (Colo. App. 1982), aff'd, 683 P.2d 1181 (Colo. 1984).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 4-3-309
What does Colorado Revised Statutes § 4-3-309 cover?
Section 4-3-309 ("Enforcement of lost, destroyed, or stolen instrument.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 4-3-309?
A common citation format is "Colorado Revised Statutes § 4-3-309" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 4-3-309 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.