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Illinois Compiled Statutes

810 ILCS 5/9-333 (2026)

Priority of certain liens arising by operation of law

✓ current as of May 2026
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(810 ILCS 5/9-333)
    Sec. 9-333. Priority of certain liens arising by operation of law.
    (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.
(Source: P.A. 91-893, eff. 7-1-01.)

    
Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2017–2026 · leading case: In re Howard, 584 B.R. 252 (Bankr. N.D. Ill. 2018).
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In re Howard, 584 B.R. 252 (Bankr. N.D. Ill. 2018). · cites it 2× “" 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…”
Ally Fin. Inc. v. Pira, 2017 IL App (2d) 170213, 96 N.E.3d 61. “" 810 ILCS 5/9-333 (West 2016). ¶ 41 Here, there is no dispute as to whether defendant's common-law possessory lien takes priority over plaintiff's secured interest in the vehicle.”
Ally Fin. Inc. v. Pira, 2017 IL App (2d) 170213. “” 810 ILCS 5/9-333 (West 2016). ¶ 41 Here, there is no dispute as to whether defendant’s common law possessory lien takes priority over plaintiff’s secured interest in the vehicle.”
Cross v. City of Chi. (In re Cross), 584 B.R. 833 (Bankr. N.D. Ill. 2018). “Pursuant to 810 ILCS 5/9-333, which states that possessory liens in Illinois are secured by, "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," Howard concluded that the…”
BMO Harris Bank N.A. v. Dist. Recovery Inc., 2026 IL App (1st) 241028-U. · cites it 5× “120(a) (1998)) or UCC section 9-333(a) (810 ILCS 5/9-333(a) (West 2018)), it contends such a lien “has force and should be recognized” thus entitling District Recovery to compensation for accrued storage fees beyond the 17 No.”
810 ILCS 5/9-333(a): 1 case
BMO Harris Bank N.A. v. Dist. Recovery Inc., 2026 IL App (1st) 241028-U. “120(a) (1998)) or UCC section 9-333(a) (810 ILCS 5/9-333(a) (West 2018)), it contends such a lien “has force and should be recognized” thus entitling District Recovery to compensation for accrued storage fees beyond the 17 No.”
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