§ 680.360.Security Interest
Title 9. Enforcement of Judgments · Division 1 · Chapter 1. Short Title and Definitions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
Full Text of § 680.360
Plain-English Summary
Priority disputes over a judgment debtor's property usually come down to one question: who has a security interest, and whose interest was perfected first? This section defines the term the same way the Commercial Code does, keeping enforcement-law priority questions grounded in the same body of law that governs secured transactions generally.
A security interest gives its holder rights in specific property that can outrank a later judgment lien, depending on timing and perfection. Before a judgment creditor spends the time and expense levying on an asset, checking whether a security interest already encumbers it -- and how much value that leaves for the judgment lien to reach -- is often the first practical step.
Frequently Asked Questions
What is a "security interest" under the Enforcement of Judgments Law?
The same concept defined in Commercial Code Section 1201 -- an interest in personal property or fixtures that secures payment or performance of an obligation.
Can a security interest defeat a judgment creditor's later lien on the same property?
It can, depending on the priority and perfection rules under the Commercial Code, which operate independently of the Enforcement of Judgments Law's own definitions.
Amendment History
Added by Stats. 1982, Ch. 1364, Sec. 2. Operative July 1, 1983, by Sec. 3 of Ch. 1364.