Ohio § 1303.38

§ 1303.38.

(A) A person not in possession of an instrument is entitled to enforce the instrument

if all of the following apply: (1) The person seeking to enforce the instrument was entitled to enforce the instrument

when loss of possession occurred or 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. (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 division (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, divisions (A) and (B) of section 1303.36 of the Revised Code 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 for the person required to pay the instrument may be provided

by any reasonable means.