Article 3 — Negotiable Instruments · Section 3-308
This section provides the standards for proving the existence of a negotiable instrument and the details required to enforce it.
Source: U.C.C. § 3-308
A person seeking to enforce a negotiable instrument must prove the existence of the instrument, the terms and conditions of the instrument, and that they are entitled to enforce the instrument.
UCC § 3-308 requires a party who wants to enforce a negotiable instrument, like a check or promissory note, to show that the instrument exists and outline its terms. This section ensures that only those with proper entitlement can demand payment.
A signed document containing an unconditional promise or order to pay a specified amount of money.
The act of ensuring compliance with the terms of a negotiable instrument.
Example 1
If a holder presents a check for payment, they must show the original check to prove its existence and terms.
Example 2
In a lawsuit regarding a promissory note, the plaintiff would need to present the note as evidence to enforce payment.