Ark. Code Ann. § 4-7-307 (2020)
Lien of carrier
- A carrier has a lien on the goods covered by a bill of lading or on the proceeds thereof in its possession for charges after the date of the carrier's receipt of the goods for storage or transportation, including demurrage and terminal charges, and for expenses necessary for preservation of the goods incident to their transportation or reasonably incurred in their sale pursuant to law. However, against a purchaser for value of a negotiable bill of lading, a carrier's lien is limited to charges stated in the bill or the applicable tariffs or, if no charges are stated, a reasonable charge.
- A lien for charges and expenses under subsection (a) on goods that the carrier was required by law to receive for transportation is effective against the consignor or any person entitled to the goods unless the carrier had notice that the consignor lacked authority to subject the goods to those charges and expenses. Any other lien under subsection (a) is effective against the consignor and any person that permitted the bailor to have control or possession of the goods unless the carrier had notice that the bailor lacked authority.
- A carrier loses its lien on any goods that it voluntarily delivers or unjustifiably refuses to deliver.
History. Acts 2007, No. 342, § 1.
Research References
Ark. L. Rev.
Creditors' Provisional Remedies and Debtors' Due Process Rights: Statutory Liens In Arkansas, 32 Ark. L. Rev. 185.
Case Notes
Goods Transported for Prior Debt.
A lien on presently transported goods for a prior debt is not contemplated under the Uniform Commercial Code. Car Transp. v. Garden Spot Distribs., 305 Ark. 82, 805 S.W.2d 632 (1991).
Lien Not Shown.
Appellants had not established that they had acquired a valid carrier's lien because they had refused to surrender possession of the two trucks, had placed the trucks in secret storage, and had insisted upon payment of charges over and above those to which they would have been entitled, by demanding payment of all three invoices, despite the fact that only one of the invoices pertained to the transportation fees for the two trucks at issue. McQuillan v. Mercedes-Benz Credit Corp., 331 Ark. 242, 961 S.W.2d 729 (1998).