Chapter 45, INTEREST, LOANS, AND DEBT
245 sections in this chapter.
Neb. Rev. Stat. § 45-1208 Applicability to contracts entered into on or after October 1, 2010.
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The Nebraska Construction Prompt Pay Act applies to contracts or subcontracts entered into on or after October 1, 2010.
Neb. Rev. Stat. § 45-1209 Contract provisions; void.
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The following provisions in any contract or subcontract for construction work performed within the State of Nebraska shall be against public policy and shall be void and unenforceable: (1) A provision that purports to waive, release, or extinguish rights to file a claim against a…
Neb. Rev. Stat. § 45-1210 Construction performed for political subdivision; liquidated or unliquidated claim; procedure; civil action authorized.
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(1) Any liquidated or unliquidated claim against any political subdivision of this state arising from construction performed for such political subdivision shall: (a) Be presented in writing to the individual or officer as set forth in subsection (2) of this section; (b) state th…
Neb. Rev. Stat. § 45-1211 Violation of act; action for recovery; attorney's fees and costs.
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Any individual, partnership, firm, limited liability company, corporation, or company may bring an action to recover any damages caused to such person or entity by a violation of the Nebraska Construction Prompt Pay Act. In addition to an award of damages, the court may award a p…
Neb. Rev. Stat. § 45-1301 Act, how cited.
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Sections 45-1301 to 45-1307 shall be known and may be cited as the Medical Debt Relief Act.
Neb. Rev. Stat. § 45-1302 Terms, defined.
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For purposes of the Medical Debt Relief Act: (1) Bad debt expense means the cost of care for which a health care provider expected payment from the patient or a third-party payor, but which the health care provider subsequently determines to be uncollectible; (2) Eligible residen…
Neb. Rev. Stat. § 45-1303 Medical Debt Relief Program; established; State Treasurer; medical debt relief coordinator; duties.
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(1) The Medical Debt Relief Program is established for the purpose of discharging medical debt of eligible residents by contracting with a medical debt relief coordinator as described in subsection (3) of this section. The State Treasurer shall administer the program. (2) Money a…
Neb. Rev. Stat. § 45-1304 State Treasurer; report; contents.
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(1) On or before October 1, 2025, and on or before October 1 of each year thereafter for as long as medical debt relief coordinators are fulfilling their contractual obligations under the Medical Debt Relief Act, the State Treasurer shall submit an annual report regarding the pro…
Neb. Rev. Stat. § 45-1305 Discharge of medical debt; contributions; how treated.
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(1) The amount of interest and principal balance of medical debt discharged under the program shall not be considered income for income tax purposes as provided in section 77-2716. (2) Contributions to the Medical Debt Relief Fund made by any private individual or private entity …
Neb. Rev. Stat. § 45-1306 Medical Debt Relief Fund; created; use; investment.
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The Medical Debt Relief Fund is created. The fund shall be administered by the State Treasurer and shall be used to carry out the Medical Debt Relief Act. The fund shall consist of money transferred to the fund by the Legislature and money donated as gifts, bequests, or other con…
Neb. Rev. Stat. § 45-1307 Rules and regulations.
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The State Treasurer may adopt and promulgate rules and regulations to carry out the Medical Debt Relief Act.
Neb. Rev. Stat. § 45-189 Loan brokers; legislative findings.
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The Legislature finds that: (1) Many professional groups are presently licensed or otherwise regulated by the State of Nebraska in the interest of public protection; (2) Certain questionable business practices, such as the collection of an advance fee prior to the performance of …
Neb. Rev. Stat. § 45-190 Terms, defined.
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For purposes of sections 45-189 to 45-191.11, unless the context otherwise requires: (1) Advance fee means any fee, deposit, or consideration which is assessed or collected, prior to the closing of a loan, by a loan broker and includes, but is not limited to, any money assessed o…
Neb. Rev. Stat. § 45-191 Loan brokers; prohibited acts.
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No loan broker shall: (1) Assess or collect an advance fee from a borrower under a contract to provide services for the procurement of a loan of money; (2) Willfully, either orally or in writing, misrepresent the terms, benefits, privileges, or provisions of any service contract …
Neb. Rev. Stat. § 45-191.01 Loan brokerage agreement; written disclosure statement; requirements.
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(1) Prior to a borrower signing a loan brokerage agreement, the loan broker shall give the borrower a written disclosure statement. The cover sheet of the disclosure statement shall have printed, in at least ten-point boldface capital letters, the title DISCLOSURES REQUIRED BY NE…
Neb. Rev. Stat. § 45-191.02 Loan brokers; filings with department required; filing fees.
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(1) Before advertising or making any oral or written representation or acting as a loan broker in this state a loan broker shall file with the department one copy of the disclosure statement and one copy of any loan brokerage agreement. (2) The loan broker shall renew these filin…
Neb. Rev. Stat. § 45-191.03 Prohibited acts; violations; penalties.
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(1) A loan broker who fails to make accurate and timely filings as required by section 45-191.02 shall be guilty of a Class I misdemeanor. (2) A loan broker who willfully violates subdivision (1) of section 45-191 shall be guilty of: (a) A Class IV felony if the advance fee asses…
Neb. Rev. Stat. § 45-191.04 Loan brokerage agreement; requirements; right to cancel.
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(1) A loan brokerage agreement shall be in writing and shall be signed by the loan broker and the borrower. The loan broker shall furnish the borrower a copy of such signed loan brokerage agreement at the time the borrower signs it. (2) The borrower has the right to cancel a loan…
Neb. Rev. Stat. § 45-191.05 Waiver of sections; attempt; prohibited.
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A waiver of sections 45-189 to 45-191.11 by a borrower prior to or at the time of entering into a loan brokerage agreement is contrary to public policy and shall be void. Any attempt by a loan broker to have a borrower waive any rights pursuant to sections 45-189 to 45-191.11 sha…
Neb. Rev. Stat. § 45-191.06 Department; adopt rules and regulations.
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The department may adopt, promulgate, amend, and rescind such rules and regulations as necessary or appropriate to implement the purposes of sections 45-189 to 45-191.11.
Neb. Rev. Stat. § 45-191.07 Violation of loan brokerage agreement by loan broker; effect.
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(1) If a loan broker materially violates the loan brokerage agreement, the borrower may upon written notice void such loan brokerage agreement. In addition, the borrower may recover all money paid to the loan broker and any other damages, including reasonable attorney's fees. The…
Neb. Rev. Stat. § 45-191.08 Director; enforcement powers.
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(1)(a) The director in his or her discretion may make such investigations within or without this state as necessary to determine whether any person has violated or is about to violate sections 45-189 to 45-191.11 or to aid in the enforcement of such sections or in the adopting or…
Neb. Rev. Stat. § 45-191.09 Director; summary cease and desist order; when; other enforcement measures; collection of fines and costs; hearing; procedure; appeal.
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(1) The director may summarily order a loan broker to cease and desist from acting as a loan broker or from the use of certain forms or practices relating to the loan broker's activities if the order is in the public interest and the director finds: (a) The disclosure statement o…
Neb. Rev. Stat. § 45-191.10 Persons exempt.
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The following persons are exempt from sections 45-189 to 45-191.11 if such person does not hold himself or herself out, through advertising, signs, or other means, as a loan broker: Securities broker-dealer, real estate broker or salesperson, attorney, certified public accountant…
Neb. Rev. Stat. § 45-191.11 Burden of proof.
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In any proceeding under the provisions of sections 45-189 to 45-191.11, the burden of proving an exemption or an exception from a definition shall be upon the person claiming it.
Neb. Rev. Stat. § 45-204 Terms, defined.
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As used in sections 45-204 to 45-209, unless the context otherwise requires: (1) Seller shall mean a person, firm, or corporation, except a bank, selling goods or furnishing services to a buyer under a revolving charge agreement, including the operator of a card system whereby a …
Neb. Rev. Stat. § 45-205 Agreements; requirements; fees and delinquency charges authorized.
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Every revolving charge agreement shall be in writing and shall be signed by the buyer. Such requirements may be met when disclosure of the revolving charge credit terms has been made to the buyer in conformity with the requirements of the federal Consumer Credit Protection Act be…
Neb. Rev. Stat. § 45-206 Monthly statement by seller; contents; payment in full; requirements.
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(1) The seller under a revolving charge agreement shall promptly supply the buyer under such agreement with a statement as of the end of each monthly period, which need not be a calendar month, or other regular period agreed upon by the seller and the buyer, in which there is any…
Neb. Rev. Stat. § 45-207 Time-price differential; rate; maximum.
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Notwithstanding the provisions of any other law, the seller or assignee under a revolving charge agreement may charge, receive, and collect a time-price differential which shall not exceed the following rate: One and three-quarters percent per month on amounts less than five hund…
Neb. Rev. Stat. § 45-208 Violations; penalty.
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Any person who willfully and knowingly violates any provisions of section 45-207 shall be guilty of a Class II misdemeanor. In addition the seller shall forfeit all time-price differential paid and cancel the outstanding indebtedness.
Neb. Rev. Stat. § 45-209 Prohibited acts.
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No person shall purchase securities, deposit funds, or make investments under a revolving charge agreement.
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…
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, …
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…