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Can you summarize NHRS 382-A:3-309?
UNIFORM COMMERCIAL CODE > Enforcement of Lost, Destroyed, or Stolen Instrument.
Short Summary
This legal document, part of the New Hampshire Revised Statutes under the Uniform Commercial Code, governs the enforcement of lost, destroyed, or stolen instruments. It applies to persons who are not in possession of an instrument but wish to enforce it. To be entitled to enforce the instrument, the person seeking enforcement must meet certain conditions, including being entitled to enforce the instrument when the loss of possession occurred or acquiring ownership from someone who was entitled to enforce it. The loss of possession must not be the result of a transfer or lawful seizure, and the person must be unable to reasonably obtain possession due to destruction, unknown whereabouts, or wrongful possession by an unknown or unfindable person. The person seeking enforcement must prove the terms of the instrument and their right to enforce it. The court may only enter judgment in favor of the person seeking enforcement if it finds that the person required to pay the instrument is adequately protected against potential loss from another person claiming the right to enforce it. No specific penalties are mentioned in this document.
Whom does it apply to?
Persons not in possession of an instrument seeking to enforce it
What does it govern?
Enforcement of Lost, Destroyed, or Stolen Instrument
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
No specific penalties are mentioned.
Jurisdiction
New Hampshire