New Jersey § 12a:3-309
Full text of New Jersey New Jersey Statutes § 12a:3-309, with citation guidance and answers to common questions.
§ 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.
Frequently Asked Questions About New Jersey § 12a:3-309
What does New Jersey Statutes § 12a:3-309 cover?
Section 12a:3-309 is part of the New Jersey Statutes, the codified statutory law of New Jersey. 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 New Jersey § 12a:3-309?
A common citation format is "New Jersey Statutes § 12a:3-309" (New Jersey). 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 New Jersey law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.
How does New Jersey § 12a:3-309 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey 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 New Jersey.