(1) Upon satisfactory showing by the lawful owner of an instrument of the loss, destruction or theft of the instrument, the proper officer, board, department or commission that issued the original instrument, or the issuer’s duly authorized legal successor, may issue a duplicate in lieu thereof for the same amount as the original. The duplicate shall bear the signature of the officer charged with the duty of signing instruments as of the date of issuance of the duplicate.
(2) Before a duplicate instrument is issued, the person making application for its issue shall furnish to the issuing officer a written statement signed by the person specifically alleging that the person is the lawful owner, payee or legal representative of the lawful owner or payee of the original instrument giving the date of issue, the number, amount, for what services or claim the original instrument was issued and that the original instrument has been lost, destroyed or stolen, and has not been paid. A certificate may be furnished in lieu of an affidavit or affirmation if the lawful owner, payee or legal representative is:
(a) The federal government; or
(b) This state or any board, department, commission or subdivision of this state, or any officer thereof in official capacity.
(3) The officer, board, department or commission issuing the duplicate instrument shall search its records to determine whether the original instrument was paid. If the original instrument is found, it shall immediately be returned to the State Treasurer or, if a record of payment is found, the State Treasurer shall be notified immediately. The State Treasurer shall promptly return the instrument to the presenting or payer bank for credit or shall promptly notify the presenting or payer bank of the record of payment. The State Treasurer is not liable for inability to obtain credit from the presenting or payer bank for an instrument returned under this section or for an instrument for which the State Treasurer notifies the presenting or payer bank of a record of payment. [Formerly 291.520; 1969 c.142 §1; 1973 c.478 §2; 1979 c.763 §2; 1993 c.694 §43; 2005 c.22 §220; 2005 c.110 §3]Section: Previous 293.447 293.450 293.455 293.460 293.462 293.465 293.470 293.475 293.480 293.485 293.490 293.495 293.500 293.505 293.510 Next
Last modified: August 7, 2008