Priority of certain liens arising by operation of law

409.333 Priority of certain liens arising by operation of law. (1) POSSESSORY LIEN. 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) PRIORITY OF POSSESSORY LIEN. 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. History: 2001 a. 10. A lien under s. 779.43 (3) is contingent on possession and is a possessory lien under sub. (1) with priority over a security interest. Premier Community Bank v. Schuh, 2010 WI App 111, 329 Wis. 2d 146, 789 N.W.2d 388, 09-1722.