Code of Alabama
Ala. Code § 7-9-503 (2026)
Secured Party’s Right to Take Possession After Default.
✓ official Alabama Legislature (ALISON) text, current July 2026
Repealed by Act 2001-481, p. 647, § 4, effective January 1, 2002.
(Acts 1965, No. 549, p. 811.)
Notes of Decisions
Cited in 43
cases, 1978–2017 · leading case: Callaway v. Whittenton, 892 So. 2d 852 (Ala. 2003).
Callaway v. Whittenton, 892 So. 2d 852 (Ala. 2003). “The Callaways sued Whittenton, Budget, and Baldwin Finance, alleging assault and battery, negligence, wantonness, trespass, civil conspiracy, and wrongful repossession (a violation of § 7-9-503, Ala.Code 1975 (secured party's right to take possession after default; replaced by §…”
McGrady v. Nissan Motor Acceptance Corp., 40 F. Supp. 2d 1323 (M.D. Ala. 1998). “” Ala.Code 1975 § 7-9-503; see also Flanagan v.”
Thrash v. Credit Acceptance Corp., 821 So. 2d 968 (Ala. 2001). “Ala.Code 1975, § 7-9-503, provides: "`Unless otherwise agreed a secured party has on default the right to take possession of the collateral.”
Madden v. Deere Credit Servs., Inc., 598 So. 2d 860 (Ala. 1992). “Breach of the Peace Madden contends that the defendants broke a lock on a gate barring access to Container's property; therefore, he insists, the repossession of the skidder was unlawful because it was accomplished by a breach of the peace. The defendants insist that the…”
Turner v. DeKalb Bank (In Re Turner), 209 B.R. 558 (Bankr. N.D. Ala. 1997). “Alabama Code § 7-9-503 (1975) states “(u)nless otherwise agreed, a secured party has on default the right to take possession of the collateral.”
Gen. Fin. Corp. v. Smith, 505 So. 2d 1045 (Ala. 1987). “She argues that while the defendant could contract for H & B Recoveries to physically recover the truck, it could not delegate to H & B Recoveries the liability resulting from a breach of the peace.”
Transamerica Com. Fin. v. Amsouth Bank, 608 So. 2d 375 (Ala. 1992). “" The August 30, 1988, subordination agreement between Transamerica and AmSouth stipulated that if either party to the agreement exercised its right to repossession upon default, the party whose security interest had priority under the agreement would have the right to immediate…”
Big Three Motors, Inc. v. Rutherford, 432 So. 2d 483 (Ala. 1983). “On appeal, Big Three Motors claims that it legally repossessed Rutherford's automobile under the terms of their contract because Rutherford had defaulted in his payments, and because he had failed to maintain insurance coverage on the Cadillac. In Alabama "... a secured party…”
Get It Kwik of Am., Inc. v. FIRST ALA. BANK, ETC., 361 So. 2d 568 (Ala. Civ. App. 1978). “By virtue of the default, the defendant under Code of Ala. 1975, § 7-9-503, had the right to immediate possession of the inventory and was therefore entitled to maintain an action for conversion due to the selling of the collateral by the plaintiff.”
Bain v. Colbert Cnty. Nw. Alabama Health Care Auth., 233 So. 3d 945 (Ala. 2017). “At that time] then § 7-9-503, Ala. Code 1975, 7 provided that “ ‘[u]nless otherwise agreed, a secured party has on default the right to take possession of the collateral.”
Reno v. Gen. Motors Accept. Corp., 378 So. 2d 1103 (Ala. 1979). “That provision does nothing more than follow the policy expressed in Code of 1975, § 7-9-503: Unless otherwise agreed a secured party has on default the right to take possession of the collateral.”
Pate v. Rollison Logging Equip., Inc., 628 So. 2d 337 (Ala. 1993). “Conversion Pate argues that Rollison converted the loader and the attached trailer by repossessing and reselling them pursuant to the new contract, which Pate contends was induced by fraud.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.