# Underwood v. Coffee County Bank

> Court of Civil Appeals of Alabama · March 25, 1994 · 668 So. 2d 10

URL: https://www.frixlaw.com/law-library/cases/9936277

## Case

- **Full name:** Linda Gayle Underwood v. the Coffee County Bank, an Alabama Corporation.
- **Court:** Court of Civil Appeals of Alabama
- **Decided:** March 25, 1994
- **Citations:** 668 So. 2d 10; 1994 WL 94263
- **Precedential status:** Published
- **Opinion:** Concurrence by Yates
- **Judges:** Thigpen, Yates
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9936277

## Opinion text

I concur in the result because Underwood failed to counterclaim for and establish an entitlement to damages resulting from a lack of notice or from any unreasonableness of the sale of the automobile. Had she done so, she might have been entitled to a set-off against the total deficiency.
The bank, in my opinion, failed to comply with Ala. Code 1975, § 7-9-504(3), which requires that reasonable notification "be sent by the secured party to the debtor." (Emphasis added.)
Ala. Code 1975, § 7-1-201 (38), defines "send": "to deposit in the mail . . . with postage or cost of transmission provided for and properly addressed." It is undisputed that the bank did not properly address the notice to Underwood.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9936277. Public record. Not legal advice.