Artisan's and Service Liens

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Does a mechanic's lien have priority over a lessor's rights or security interest in North Carolina?

Statutes

"Any person who tows, alters, repairs, stores, services, treats, or improves personal property other than a motor vehicle or an aircraft in the ordinary course of his business pursuant to an express or implied contract with an owner or legal possessor of the personal property has a lien upon the property. The amount of the lien is the lesser of:

(1) The reasonable charges for the services and materials; or
(2) The contract price; or
(3) One hundred dollars if the lienor has dealt with a legal possessor who is not an owner.

This lien has priority over perfected and unperfected security interests. N.C. Gen. Stat. ยง 44A-2 "

Cases

Comments

The liens provided for in Chapter 44A of the North Carolina General Statutes are possessory liens only.

Contributors

Bryon Saintsing, Esq. Tom Gray, Esq.
Smith Debnam Narron Drake Saintsing & Myers, LLP

The statutory information was edited and reviewed with the support of MultiState

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