Ohio Code 1309.333 – Priority of certain liens arising by operation of law – UCC 9-333
Current as of: 2023 | Check for updates
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(A) As used in this section, “possessory lien” means an interest, other than a security interest or an agricultural lien:
Terms Used In Ohio Code 1309.333
- Goods: includes (i) fixtures, (ii) standing timber that is to be cut and removed under a conveyance or contract for sale, (iii) the unborn young of animals, (iv) crops grown, growing, or to be grown, even if the crops are produced on trees, vines, or bushes, and (v) manufactured homes. See Ohio Code 1309.102
- Lien: A claim against real or personal property in satisfaction of a debt.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Rule: includes regulation. See Ohio Code 1.59
- Statute: A law passed by a legislature.
(1) That 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) That 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) 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.