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 North Dakota Code 41-09-53

  • 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: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • Statute: A law passed by a legislature.

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.