New Jersey § 12a:3-309

§ 12a:3-309.

a. A person not in possession of an instrument is entitled to enforce the instrument

if the person was in possession of the instrument and entitled to enforce it when

loss of possession occurred, the loss of possession was not the result of a transfer

by the person or a lawful seizure, and 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, 12A: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.