Wyoming § 34.1-3-309 Enforcement of lost, destroyed, or stolen
instrument

Wyoming Statutes

§ 34.1-3-309 — Enforcement of lost, destroyed, or stolen instrument

Wyoming § 34.1-3-309

Title 34.1Uniform Commercial Code

Art. 3NEGOTIABLE INSTRUMENTS

This text of Wyoming § 34.1-3-309 (Enforcement of lost, destroyed, or stolen instrument) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 34.1-3-309 (2026).

Text

(a)A person not in possession of an instrument is entitled to enforce the instrument if (1) the person was in possession of the instrument and entitled to enforce it when loss of possession occurred, (2) the loss of possession was not the result of a transfer by the person or a lawful seizure, and

(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 subsection (a) must prove the terms of the instrument and the person's right to enforce the instrument. If that proof is made, section 34.1-3-308 applies to the case a

Free access — add to your briefcase to read the full text and ask questions with AI

(a) A person not in possession of an instrument is
entitled to enforce the instrument if (1) the person was in
possession of the instrument and entitled to enforce it when
loss of possession occurred, (2) the loss of possession was not
the result of a transfer by the person or a lawful seizure, and
(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
subsection (a) must prove the terms of the instrument and the
person's right to enforce the instrument. If that proof is
made, section 34.1-3-308 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.