30-9A-333. Priority of certain liens arising by operation of law. (1) In this section, “possessory lien” means an interest, other than a security interest or an agricultural lien:

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Terms Used In Montana Code 30-9A-333

  • Goods: means all things that are movable when a security interest attaches. See Montana Code 30-9A-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Statute: A law passed by a legislature.

(a)that 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)that 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.