41-09-53. (9-333) Priority of certain liens arising by operation of law.
101 words·~1 min read·
/nd/title-41/chapter-41-09-secured-transactions/41-09-53·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. In this section, "possessory lien" means an interest, other than a security interest or an
agricultural lien:
a. Which secures payment or performance of an obligation for services or materials
furnished with respect to goods by a person in the ordinary course of the person's
business;
b. Which is created by statute or rule of law in favor of the person; and
c. Whose effectiveness depends on the person's possession of the goods.
2. A possessory lien on goods has priority over a security interest in the goods unless the
lien is created by a statute that expressly provides otherwise.