Conn. Gen. Stat. § 42a-3-309

This is the official text of Conn. Gen. Stat. § 42a-3-309, part of Connecticut’s Gen. Stat — part of the compiled statutory law of Connecticut, published by the state as "Gen. Stat." Browse the sections below, each linked to its official government source.

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Sec. 42a-3-309. Enforcement of lost, destroyed or stolen instrument.

Official statutory text

(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 42a-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.

Cited. 238 C. 745.

There is no specific requirement that proponent of a lost note produce an affidavit detailing how the instrument was lost; photocopy of note was acceptable where there was no evidence that it was not an accurate copy. 140 CA 827. Subsec. (a): The only person who can enforce note is the person in possession of note when it was lost. 185 CA 534. Plaintiff does not have standing and is not entitled to enforce a note as a successor pursuant to an order of attachment and garnishment issued by a court if she does not have possession of the note and meet the requirements of this section. 199 CA 734.

Cited. 44 CS 464.

Status: in_force · Read it on the official government site

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