Mich. Comp. Laws » Michigan Compiled Laws / Chapter 440 / Act 174 of 1962
Michigan Compiled Laws

Mich. Comp. Laws § 440.9333 (2026)

Priority of certain liens arising by operation of law.

✓ current as of July 2026
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UNIFORM COMMERCIAL CODE


Act 174 of 1962


440.9333 Priority of certain liens arising by operation of law.

Sec. 9333.

    (1) As used in this section, "possessory lien" means an interest, other than a security interest or an agricultural lien, that meets all of the following:

    (a) It 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) It is created by statute or rule of law in favor of the person.

    (c) Its 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: Add. 2000, Act 348, Eff. July 1, 2001

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2009–2022 · leading case: In re Vega, 503 B.R. 38 (Bankr. E.D. Mich. 2013).
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In re Vega, 503 B.R. 38 (Bankr. E.D. Mich. 2013). · cites it 8× “applicable law that (A) permits perfection of an interest in property to be effective against an entity that acquires rights in such property before the date of perfection; or (B) provides for the maintenance or continuation of perfection of an interest in property to be…”
Delta Engineered Plastics, LLC v. Autolign Mfg. Grp., Inc., 777 N.W.2d 502 (Mich. Ct. App. 2009). · cites it 4× “The parties agree that the Legislature set forth the UCC’s lien priority scheme at MCL 440.9333, and that this statute is applicable to the instant cases.”
Evangelista v. Silver (Bankr. E.D. Mich. 2022). · cites it 2× “§ 440.9333 controls the transactions at issue and, under this section, Gold holds a possessory lien that takes priority over Great Lakes’ security interests.”
— Mich. Comp. Laws § 440.9333(2) — 1 case
Delta Engineered Plastics, LLC v. Autolign Mfg. Grp., Inc., 777 N.W.2d 502 (Mich. Ct. App. 2009). “The parties agree that the Legislature set forth the UCC’s lien priority scheme at MCL 440.9333, and that this statute is applicable to the instant cases.”
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