Code of Alabama

Ala. Code § 7-9A-609 (2026)

Secured Party’s Right to Take Possession After Default.

✓ official Alabama Legislature (ALISON) text, current July 2026

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(a) Possession; rendering equipment unusable; disposition on debtor’s premises. After default, a secured party:

(1) may take possession of the collateral; and

(2) without removal, may render equipment unusable and dispose of collateral on a debtor’s premises under Section 7-9A-610.

(b) Judicial and nonjudicial process. A secured party may proceed under subsection (a):

(1) pursuant to judicial process; or

(2) without judicial process, if it proceeds without breach of the peace.

(c) Assembly of collateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.

(Act 2001-481, p. 647, §1.)

Notes of Decisions

Cited in 3 cases, 2003–2017 · leading case: Callaway v. Whittenton, 892 So. 2d 852 (Ala. 2003).

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Callaway v. Whittenton, 892 So. 2d 852 (Ala. 2003). · cites it 7× “Code 1975 (secured party's right to take possession after default; replaced by § 7-9A-609)); Joy alleged loss of consortium.”

Bain v. Colbert Cnty. Nw. Alabama Health Care Auth., 233 So. 3d 945 (Ala. 2017). “Acts 2001, § 1, effective January I, 2002, and was replaced by § 7-9A-609, Ala. Code 1975. . Apparently Because these federal regulations were issued for the specific purpose of “determining whether a hospital qualifies for a provider agreement under Medicare and Medicaid,” 42 C.”

Gary Paullin v. City of Loxley, AL, 171 F. App'x 773 (11th Cir. 2006). “See Ala.Code § 7-9A-609 (allowing secured party to take possession collateral after default).”

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