ORS 73.0309
Enforcement of lost, destroyed or stolen instrument

(1)

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

(a)

The person was in 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 transfer by the person or a lawful seizure; and

(c)

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.

(2)

A person seeking enforcement of an instrument under subsection (1) of this section must prove the terms of the instrument and the person’s right to enforce the instrument. If that proof is made, ORS 73.0205 (Special indorsement) 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. [1993 c.545 §38]

Source: Section 73.0309 — Enforcement of lost, destroyed or stolen instrument, https://www.­oregonlegislature.­gov/bills_laws/ors/ors073.­html.

73.0101
Short title 73.0102
Application of chapter 73.0103
Definitions 73.0104
Negotiable instrument 73.0105
Issue of instrument 73.0106
Unconditional promise or order 73.0107
Instrument payable in foreign money 73.0108
Payable on demand or at definite time 73.0109
Payable to bearer or to order 73.0110
Identification of person to whom instrument is payable 73.0111
Place of payment 73.0112
Interest 73.0113
Date of instrument 73.0114
Contradictory terms of instrument 73.0115
Incomplete instrument 73.0116
Joint and several liability 73.0117
Other agreements affecting instrument 73.0118
Statute of limitations 73.0119
Notice of right to defend action 73.0201
Negotiation 73.0202
Negotiation subject to rescission 73.0203
Transfer of instrument 73.0204
Indorsement 73.0205
Special indorsement 73.0206
Restrictive indorsement 73.0207
Reacquisition 73.0301
Person entitled to enforce instrument 73.0302
Holder in due course 73.0303
Value and consideration 73.0304
Overdue instrument 73.0305
Defenses and claims in recoupment 73.0306
Claims to an instrument 73.0307
Notice of breach of fiduciary duty 73.0308
Proof of signatures and status as holder in due course 73.0309
Enforcement of lost, destroyed or stolen instrument 73.0310
Effect of instrument on obligation for which taken 73.0311
Accord and satisfaction 73.0312
Lost, destroyed or stolen cashier’s check, teller’s check or certified check 73.0401
Signature 73.0402
Signature by representative 73.0403
Unauthorized signature 73.0404
Impostors 73.0405
Employer’s responsibility for fraudulent indorsement by employee 73.0406
Negligence contributing to forged signature or alteration of instrument 73.0407
Alteration 73.0408
Drawee not liable on unaccepted draft 73.0409
Acceptance of draft 73.0410
Acceptance varying draft 73.0411
Refusal to pay cashier’s checks, teller’s checks and certified checks 73.0412
Obligation of issuer of note or cashier’s check 73.0413
Obligation of acceptor 73.0414
Obligation of drawer 73.0415
Obligation of indorser 73.0416
Transfer warranties 73.0417
Presentment warranties 73.0418
Payment or acceptance by mistake 73.0419
Instruments signed for accommodation 73.0420
Conversion of instrument 73.0501
Presentment 73.0502
Dishonor 73.0503
Notice of dishonor 73.0504
Excused presentment and notice of dishonor 73.0505
Evidence of dishonor 73.0601
Discharge and effect of discharge 73.0602
Payment 73.0603
Tender of payment 73.0604
Discharge by cancellation or renunciation 73.0605
Discharge of indorsers and accommodation parties
Green check means up to date. Up to date

Current through early 2024

§ 73.0309’s source at oregon​.gov