Chapter 45 — INTEREST, LOANS, AND DEBT
464 sections in this chapter.
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Repealed. Laws 1965, c. 268, § 22, p. 768.
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[Repealed or reserved.]
Transferred to section 45-408.
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[Repealed or reserved.]
Neb. Rev. Stat. § 45-334 Act, how cited.
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Sections 45-334 to 45-380 shall be known and may be cited as the Nebraska Installment Loan and Sales Act.
Neb. Rev. Stat. § 45-335 Terms, defined.
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For purposes of the Nebraska Installment Loan and Sales Act, unless the context otherwise requires: (1) Applicant means a person applying for a license under the Nebraska Installment Loan and Sales Act; (2) Basic time price means the cash sale price of the goods or services which…
Neb. Rev. Stat. § 45-336 Installment loan license; installment sales license; when required; interest and other charges; limitations; applicability.
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(1) An installment loan license shall be required for: (a) Any person engaging in the business of making loans; (b) Any person that holds or acquires any rights of ownership, servicing, or other forms of participation in a loan or that engages with, or conducts loan activity with…
Neb. Rev. Stat. § 45-337 Installment loan license; installment sales license; application; form; contents; fee; license; issuance; procedure; not transferable or assignable; personal jurisdiction.
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(1) An application for either an installment loan license or an installment sales license shall be on a form prescribed and furnished by the director and shall include, but not be limited to: (a) The applicant's name and any trade name or doing business as designation which the a…
Neb. Rev. Stat. § 45-338 Surety bond.
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(1) An applicant for a license to be issued pursuant to the Nebraska Installment Loan and Sales Act shall file with the department a surety bond in the amount of fifty thousand dollars, furnished by a surety company authorized to do business in this state. Such bond shall be incr…
Neb. Rev. Stat. § 45-339 Branch offices; establish; application; fee.
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(1) Licensees under the Nebraska Installment Loan and Sales Act may apply to establish branch offices, whether in this state, or in another state or United States territory, at which the licensable business activities of the licensee may be conducted. (2) Such application shall b…
Neb. Rev. Stat. § 45-340 License; renewal; application; fees; failure to renew; effect; denial; appeal.
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(1) For the annual renewal of an original license under the Nebraska Installment Loan and Sales Act, the licensee shall file a renewal application containing such information as the director may require to indicate any material change in the information contained in the original …
Neb. Rev. Stat. § 45-341 Revocation, suspension, cancellation, expiration, or surrender of license; conditions; effect; appeal.
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(1) A licensee may voluntarily surrender a license at any time by delivering to the director written notice of the surrender. The department shall cancel the license following such surrender. (2) The director may, following a hearing under the Administrative Procedure Act and the…
Neb. Rev. Stat. § 45-342 Engage in business without license; penalty.
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Any person who, by any device, subterfuge, or pretense whatsoever, engages in or continues any of the kinds of business or enterprise permitted to licensees by the Nebraska Installment Loan and Sales Act without having obtained the license required by the act, with intent to evad…
Neb. Rev. Stat. § 45-343 Main office or branch office; move or relocate; procedure.
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A licensee may move its main office or may relocate a branch office from one location to another without obtaining a new license if the licensee gives notice thereof to the director through the Nationwide Mortgage Licensing System and Registry at least thirty days prior to such m…
Neb. Rev. Stat. § 45-344 Licensee; acquisition of control; approval or denial; procedure.
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(1) No person acting personally or as an agent shall acquire control of any licensee under the Nebraska Installment Loan and Sales Act without first (a) giving thirty days' notice to the department on a form prescribed by the department of such proposed acquisition and (b) paying…
Neb. Rev. Stat. § 45-345 Licensee; reports to director; when; breach of security of the system; notification; net worth requirements; provide information to borrower.
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(1) A licensee shall notify the director through the Nationwide Mortgage Licensing System and Registry at least thirty days prior to the occurrence of any change of the licensee's name, trade name, or doing business as designation. (2)(a) Except as provided in subdivisions (b) an…
Neb. Rev. Stat. § 45-346 Inspections, examinations, investigations; department; director; powers and duties; administrative fines; costs.
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(1) The department shall be charged with the duty of inspecting the business, records, and accounts of all persons who engage in business activities requiring a license under the Nebraska Installment Loan and Sales Act. The department may examine or investigate complaints about o…
Repealed. Laws 2025, LB474, § 114.
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[Repealed or reserved.]
Neb. Rev. Stat. § 45-347 Installment loans; interest; subject to act.
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The payment in money, credit, goods, or things in action, as consideration for any sale or assignment of, or order for, the payment of wages, salary, commission, or other compensation for services, whether earned or to be earned, shall, for purposes of regulation under the Nebras…
Neb. Rev. Stat. § 45-348 Installment loan licensee; advance payments; application of payments.
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Every installment loan licensee shall permit payment to be made in advance in any amount equal to one or more full installments on any loan contract at any time during regular business hours, but the licensee may apply such payment first to all accrued charges in full up to the d…
Neb. Rev. Stat. § 45-349 Installment loans; interest rate authorized; charges permitted; computation; application of payments; violations; restrictions.
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(1) Except as provided in section 45-350 and subsection (6) of this section, every installment loan licensee may make loans and may contract for and receive on such loans charges at a rate not exceeding twenty-four percent per annum on that part of the unpaid principal balance on…
Neb. Rev. Stat. § 45-350 Installment loans; rate of interest; additional charges authorized; loan period; violation; effect.
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(1) Installment loan licensees may charge, contract for, or receive any amount or rate of interest permitted by section 45-101.03, 45-101.04, or 45-349 upon any loan or upon any part or all of any aggregate indebtedness of the same person. Except as provided in subsection (2) of …
Neb. Rev. Stat. § 45-351 Installment loan licensee; contacts with borrower; restrictions.
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(1) Except as otherwise provided by the Nebraska Installment Loan and Sales Act or other law, an installment loan licensee shall not contact any individual who is not living, residing, or present in the household of the borrower regarding the borrower's obligation to pay a debt, …
Repealed. Laws 2025, LB474, § 114.
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[Repealed or reserved.]
Neb. Rev. Stat. § 45-352 Installment loan licensee; permitted contacts.
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(1) Section 45-351 shall not prohibit the licensee from: (a) Contacting any person in order to discover property belonging to the borrower that may be seized to satisfy a debt that has been reduced to judgment; (b) Making amicable demand and filing suit on the debt; or (c) Contac…
Neb. Rev. Stat. § 45-353 Installment loan; agreement; borrower; default; procedure.
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(1) An agreement of the parties to a loan, with respect to default on the part of the borrower, is enforceable only to the extent that: (a) The borrower fails to make a payment on the loan or other charges required by the agreement; or (b) The prospect of payment, performance, or…
Neb. Rev. Stat. § 45-354 Installment loan; borrower; liability for deficiency.
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(1) A borrower is not liable for a deficiency unless the licensee has disposed of the collateral in good faith and in a commercially reasonable manner. (2) If the installment loan licensee takes possession or voluntarily accepts surrender of goods in which the licensee has a secu…
Neb. Rev. Stat. § 45-355 Installment loan; liability of other parties.
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(1) No individual, other than the spouse of the borrower, is obligated as a cosigner, comaker, guarantor, endorser, surety, or similar party with respect to a loan unless, before or contemporaneously with signing any separate agreement of loan or any writing setting forth the ter…
Neb. Rev. Stat. § 45-356 Installment loans; assignment of wages; instruments in blank.
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(1) No licensee shall receive any security agreement or assignment of salary or wages signed in blank. All blank spaces shall be filled in with ink or typewritten or printed with the proper names and amounts showing the name of the person by whom the individual making the conveya…
Neb. Rev. Stat. § 45-357 Repayment of loan; licensee; duties.
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Within thirty days after repayment of the loan in full, the licensee shall mark plainly every obligation or copy of the obligation and security or copy of the security signed by any obligor with the word Paid or Canceled and shall release any mortgage, trust deed, or lien, restor…
Neb. Rev. Stat. § 45-358 Borrower; right to action; licensee; judgment; effect.
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Nothing in sections 45-351 and 45-353 shall limit a borrower's right to bring an action for damages. When the licensee has filed suit and obtained judgment, the licensee shall be permitted to resume contacts with the borrower against whom judgment has been obtained.
Neb. Rev. Stat. § 45-359 Installment loan; insurance upon security; licensee may require; restrictions; refunds, when.
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(1) The following types of insurance or one or more of the following types of insurance may be written in connection with loans made by installment loan licensees under the Nebraska Installment Loan and Sales Act: (a) Fire, theft, windstorm, or comprehensive, including fire, thef…
Neb. Rev. Stat. § 45-360 Preauthorized loans; authorized; billing cycle.
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(1) Licensees holding an active installment loan license may make preauthorized loans. Preauthorized loan means a loan made by a licensee pursuant to an agreement between the licensee and the borrower whereby: (a) The licensee may permit the borrower to obtain advances of money f…
Neb. Rev. Stat. § 45-361 Preauthorized loans; requirements.
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(1) A licensee may make preauthorized loans and may contract for and receive charges on such loans as set forth in subsection (1) of section 45-349, subject to the following requirements: (a) A licensee shall not compound charges by adding any unpaid charges authorized by section…
Neb. Rev. Stat. § 45-362 Preauthorized loans; insurance.
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In addition to the charges permitted under section 45-361, a licensee may contract for and receive the fees, costs, and expenses permitted by the Nebraska Installment Loan and Sales Act on other loans, subject to all the conditions and restrictions set forth in the act with the f…
Neb. Rev. Stat. § 45-363 Licensee; reverse-mortgage loan; regulation.
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(1) For purposes of this section, reverse-mortgage loan means a loan made by a licensee which (a) is secured by residential real estate, (b) is nonrecourse to the borrower except in the event of fraud by the borrower or waste to the residential real estate given as security for t…