Priority of certain liens arising by operation of law.

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(a) 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 materialsfurnished 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) A possessory lien on goods has priority over a security interest in the goods if the lien is created by a statute that expressly so provides.

Source: L. 2001: Entire article R&RE, p. 1366, § 1, effective July 1.

Editor's note: (1) This section is similar to former § 4-9-310 as it existed prior to 2001.

(2) Colorado legislative change: Colorado substituted the word "if" for "unless" and substituted the phrase "so provides" for "provides otherwise" in subsection (b).


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