“Person entitled to enforce” an instrument means (i) the holder of the instrument; (ii) a nonholder in possession of the instrument who has the rights of a holder; or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Code Section 11-3-309 or subsection (d) of Code Section 11-3-418. A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
O.C.G.A. § 11-3-301
Person entitled to enforce instrument
Applied in 1 court decision — leading case Estate of David Bass v. Regions Bank, Inc. (2020)
Most recently applied in Estate of David Bass v. Regions Bank, Inc. (January 2020)
Code 1981, § 11-3-301, enacted by Ga
Current official text: Official Code of Georgia Annotated (LexisNexis). Digitized from the Internet Archive scan of the OCGA. Reproduced from public-domain Georgia statutes; confirm against the official source for the current text. Not legal advice.