West Virginia § 46-9-333 Priority of certain liens arising by operation of law

West Virginia Statutes

§ 46-9-333 — Priority of certain liens arising by operation of law

West Virginia § 46-9-333

Ch. 46UNIFORM COMMERCIAL CODE

Art. 9SECURED TRANSACTIONS; SALES OF ACCOUNTS AND CHATTEL PAPER

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Bluebook

W. Va. Code § 46-9-333 (2026).

Text

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

(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 unless the lien is created by a statute that expressly provides otherwise.

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

(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 unless the lien is created by a statute that expressly provides otherwise.