Montana § 30-3-309 Enforcement Of Lost, Destroyed, Or Stolen Instrument

Montana Statutes

§ 30-3-309 — Enforcement Of Lost, Destroyed, Or Stolen Instrument

Montana § 30-3-309

Title 30TRADE AND COMMERCE

Ch. 3UNIFORM COMMERCIAL CODE NEGOTIABLE INSTRUMENTS

Part 3Rights of a Holder

This text of Montana § 30-3-309 (Enforcement Of Lost, Destroyed, Or Stolen Instrument) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 30-3-309 (2026).

Text

30-3-309 . Enforcement of lost, destroyed, or stolen instrument.

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

(a)that person was in rightful possession of the instrument and entitled to enforce it when loss of possession occurred;

(b)the loss of possession was not the result of a voluntary transfer by that person or a lawful seizure; and

(c)that 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.

(2)A person seeking enforcement of an instrument pursuant to subsection (1) shall prove the terms of the instrument and the person's r

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30-3-309 . Enforcement of lost, destroyed, or stolen instrument. (1) A person not in possession of an instrument is entitled to enforce the instrument if:
(a) that person was in rightful possession of the instrument and entitled to enforce it when loss of possession occurred;
(b) the loss of possession was not the result of a voluntary transfer by that person or a lawful seizure; and
(c) that 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.
(2) A person seeking enforcement of an instrument pursuant to subsection (1) shall prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, 30-3-307 applies to the case as though 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.