(810 ILCS 5/3-309)
(from Ch. 26, par. 3-309)
Enforcement of lost, destroyed, or stolen instrument.
(a) A person not in possession of an instrument is entitled to enforce
the instrument if (i) the person was in possession of the
instrument and entitled to enforce it when loss of possession occurred,
(ii) the loss of possession was not the result of a transfer by the person
or a lawful seizure, and (iii) 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 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.
(Source: P.A. 87-582; 87-1135.)