409.333 Priority of certain liens arising by operation of law.
(1) Possessory lien. In this section, “possessory lien" means an interest, other than a security interest or an agricultural lien:
(a) 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;
(b) Which is created by statute or rule of law in favor of the person; and
(c) Whose effectiveness depends on the person's possession of the goods.
(2) 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.
History: 2001 a. 10.
A lien under s. 779.43 (3) is contingent on possession and is a possessory lien under sub. (1) with priority over a security interest. Premier Community Bank v. Schuh, 2010 WI App 111, 329 Wis. 2d 146, 789 N.W.2d 388, 09-1722.