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HomeCommercial CodeDiv. 9Ch. 3§ 9333 Possessory Lien Priority

§ 9333 Possessory Lien Priority

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 9333 Possessory Lien Priority

This law defines a 'possessory lien' as a right to keep someone's goods until you're paid for services or materials, and it gives that lien priority over other security interests unless the law says otherwise.

Key Takeaways

  • •A possessory lien applies when you have physical possession of goods and provided services or materials in the normal course of business.
  • •The lien is created by law and only works while you still possess the goods.
  • •It takes priority over other security interests unless a statute explicitly says otherwise.

Example

A mechanic repairs a customer's car and, after the work is done, keeps the car until the customer pays the repair bill.

Because the mechanic had possession of the car and the work was part of his normal business, the law gives him a possessory lien that lets him hold the car as security for payment. This lien would outrank a bank's security interest in the car unless the bank's statute specifically says otherwise.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 9333 Possessory Lien Priority

(a) In this section, “possessory lien” means an interest, other than a security interest or an agricultural lien which satisfies all of the following conditions: (1) 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. (2) It is created by statute or rule of law in favor of the person. (3) Its 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. (Added by Stats. 1999, Ch. 991, Sec. 35. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991 and Section 9701.)

Last verified: January 10, 2026

Key Terms

possessory liensecurity intereststatute or rule of lawpriority

Related Statutes

  • § 9317 Priority Of Security Interests
  • § 9326 Security Interest Priority Subordination
  • § 9327 Priority Conflicting Security Interests Deposit Ac
  • § 10307 Lessee Creditor Rights
  • § 1310 Subordination Of Obligations

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9333.
View Official Source