Arkansas Code Annotated

Ark. Code Ann. § 4-9-333 (2020)

Priority of certain liens arising by operation of law

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. 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.
  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.

History. Acts 2001, No. 1439, § 1.

Case Notes

Attorney's Liens.

An attorney did not have a lien on the cash proceeds of a settlement agreement since such proceeds did not constitute “goods” within the meaning of this section. Grayson v. Bank of Little Rock, 334 Ark. 180, 971 S.W.2d 788 (1998) (decision under prior law).

Mechanic's Liens.

The lien of a mechanic repairing an automobile is a statutory lien within the meaning of this section and, therefore, does not have priority over the lien of the vendor of an automobile retaining title therein for the balance of purchase money owing thereon. Bond v. Dudley, 244 Ark. 568, 426 S.W.2d 780 (1968) (decision under prior law).

Cited: In re King Furn. City, Inc., 240 F. Supp. 453 (E.D. Ark. 1965); Bokker v. Hill, 327 Ark. 742, 940 S.W.2d 852 (1997) (decisions under prior law).