Code of Alabama

Ala. Code § 7-3-304 (2026)

Overdue Instrument.

✓ official Alabama Legislature (ALISON) text, current July 2026
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(a) An instrument payable on demand becomes overdue at the earliest of the following times:

(1) On the day after the day demand for payment is duly made;

(2) If the instrument is a check, 90 days after its date; or

(3) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.

(b) With respect to an instrument payable at a definite time the following rules apply:

(1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.

(2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.

(3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.

(c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.

(Acts 1965, No. 549, p. 811; repealed by Acts 1995, No. 95-668, p. 1381, §1; added by Acts 1995, No. 95-668, p. 1381, §1.)

Notes of Decisions
Cited in 5 cases, 1984–1998 · leading case: Strickland v. Kafko Mfg., Inc., 512 So. 2d 714 (Ala. 1987).
Strickland v. Kafko Mfg., Inc., 512 So. 2d 714 (Ala. 1987). · cites it 4× “However, § 7-3-304 "does not contain an exhaustive list of when a holder has notice of a claim or defense.”
Fed. Deposit Ins. Corp., as Receiver of Twin City Sav., Fsa v. Robert L. McCullough & Mary Nan McCullough, 911 F.2d 593 (11th Cir. 1990). “See 1975 Ala.Code § 7-3-304(4)(d). More significantly, the McCulloughs’ claim concerning an irregularity in the mortgage is not cognizable against a holder in due course.”
Brooks ex rel. Vickers v. First Fed. Sav. & Loan Ass'n of Sylacauga, 726 So. 2d 640 (Ala. 1998). “Former §§ 7-3-304(2) and 7-3-304(4)(e) related to this issue but were unclear.”
Crownover v. Turner (In Re Blackwell), 43 B.R. 398 (Bankr. N.D. Ala. 1984). “But under Section 7-3-304(5) recording of the assignment does not of itself prevent X from holding the note in due course.”
Brooks v. First Fed. Sav. & Loan Ass'n, 726 So. 2d 640 (Ala. 1998). “Former §§ 7-3-304(2) and 7-3-304(4)(e) related to this issue but were unclear.”
— Ala. Code § 7-3-304(1)(a) — 1 case
Strickland v. Kafko Mfg., Inc., 512 So. 2d 714 (Ala. 1987). “However, § 7-3-304 "does not contain an exhaustive list of when a holder has notice of a claim or defense.”
— Ala. Code § 7-3-304(2) — 2 cases
Brooks ex rel. Vickers v. First Fed. Sav. & Loan Ass'n of Sylacauga, 726 So. 2d 640 (Ala. 1998). “Former §§ 7-3-304(2) and 7-3-304(4)(e) related to this issue but were unclear.”
Brooks v. First Fed. Sav. & Loan Ass'n, 726 So. 2d 640 (Ala. 1998). “Former §§ 7-3-304(2) and 7-3-304(4)(e) related to this issue but were unclear.”
— Ala. Code § 7-3-304(4)(d) — 1 case
Fed. Deposit Ins. Corp., as Receiver of Twin City Sav., Fsa v. Robert L. McCullough & Mary Nan McCullough, 911 F.2d 593 (11th Cir. 1990). “See 1975 Ala.Code § 7-3-304(4)(d). More significantly, the McCulloughs’ claim concerning an irregularity in the mortgage is not cognizable against a holder in due course.”
— Ala. Code § 7-3-304(5) — 1 case
Crownover v. Turner (In Re Blackwell), 43 B.R. 398 (Bankr. N.D. Ala. 1984). “But under Section 7-3-304(5) recording of the assignment does not of itself prevent X from holding the note in due course.”
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