(a) “Possessory lien.” In this section, “possessory lien” means an interest, other than a security interest or an agricultural lien:

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Terms Used In Washington Code 62A.9A-333

  • 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: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Statute: A law passed by a legislature.
(1) 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;
(2) Which is created by statute or rule of law in favor of the person; and
(3) Whose effectiveness depends on the person’s possession of the goods.
(b) Priority of possessory lien. A possessory lien on goods has priority over a security interest in the goods only if the lien is created by a statute that expressly so provides.
(c) A preparer lien or processor lien properly created pursuant to chapter 60.13 RCW or a depositor’s lien created pursuant to chapter 22.09 RCW takes priority over any perfected or unperfected security interest.
[ 2001 c 32 § 31; 2000 c 250 § 9A-333.]

NOTES:

Effective date2001 c 32: See note following RCW 62A.9A-102.