Chapter 69, PERSONAL PROPERTY
270 sections in this chapter.
Neb. Rev. Stat. § 69-1001 Terms, defined.
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For the purpose of sections 69-1001 to 69-1008, unless the context otherwise requires: (1) Commercial hatchery shall mean a place where chicks are hatched for the purpose of resale or where chicks are hatched for hire; and (2) Commercial chicks shall mean any domestic fowl produc…
Neb. Rev. Stat. § 69-1002 Sale at auction; containers; labels; statement required.
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When commercial chicks are offered for sale or sold at public auction, each box, crate, coop, or other container, shall be labeled with the sworn statement of the owner offering such chicks for sale at public auction, designating the number of live chicks in each such container, …
Neb. Rev. Stat. § 69-1003 Sale at auction; false statements; liability.
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The owner of commercial chicks desiring to sell them at public auction shall furnish to the person who conducts the sale a duplicate of the sworn statement required by section 69-1002, which shall be retained by the person conducting the sale. When such copy of the sworn statemen…
Neb. Rev. Stat. § 69-1004 Sale at auction by carrier; when act inapplicable.
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The provisions of sections 69-1001 to 69-1005 shall not apply to baby chicks in the custody of a common carrier upon which the freight has been prepaid, and which must be sold at public auction because delivery thereof cannot be effected beyond the control of such common carrier.
Neb. Rev. Stat. § 69-1005 Violations; penalty.
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Any person, firm, partnership, limited liability company, or corporation who violates any of the provisions of sections 69-1001 to 69-1005 shall be deemed guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 69-1006 Poultry; sales record; exceptions.
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Whenever any chickens, ducks, geese, turkeys, or other domestic fowls or poultry, whether alive or dressed, shall be sold to any public buyer, a record of the same shall be taken by the purchaser, and signed by the seller. Such record shall be in a simple form, and for convenienc…
Neb. Rev. Stat. § 69-1007 Poultry; sales record; violation; penalty.
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Every failure, neglect or refusal to comply with the provisions of section 69-1006 shall constitute a separate violation of such section, and for each separate offense the purchaser may be guilty of a Class V misdemeanor.
Neb. Rev. Stat. § 69-1008 Poultry; sale or delivery; false representations; penalty.
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Any person selling, bartering or delivering poultry to such retail or wholesale dealer therein, who shall fail, refuse or neglect to furnish full, complete and truthful information for such a receipt as provided in section 69-1006 and shall render a false statement in such a rece…
Neb. Rev. Stat. § 69-109 Security interest; personal property; sale or transfer without consent; penalty.
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Any person who, after having created any security interest in any article of personal property, either presently owned or after-acquired, for the benefit of another, shall, during the existence of the security interest, sell, transfer, or in any manner dispose of the said persona…
Neb. Rev. Stat. § 69-109.01 Security interest; personal property; sale by auctioneer; no liability under conditions specified.
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The auctioneer, who in good faith and without notice of a security interest therein, sells personal property at auction, which is in fact subject to a security interest, for a principal whose identity has been disclosed, in which property the auctioneer has no interest but acts o…
Neb. Rev. Stat. § 69-110 Security interest; personal property; removal from county; penalty.
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Any person who, after having created any security interest in any article of personal property, whether presently owned or after-acquired, for the benefit of another, shall, during the existence of such interest, remove, permit, or cause to be removed such property or any part th…
Neb. Rev. Stat. § 69-1101 Labels required.
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A stamp or label shall be placed on every ball of binder twine sold, exposed or offered for sale in this state, giving the name of the manufacturer or importer, the number of feet to the pound in such ball, the material from which it is made, the tensile strength, the percent of …
Neb. Rev. Stat. § 69-1102 Violations; penalty.
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Every manufacturer, importer or dealer who fails to comply with the provisions of section 69-1101 shall be guilty of a Class V misdemeanor for each and every such ball sold, offered or exposed for sale.
Neb. Rev. Stat. § 69-111 Security interest; personal property; failure to account or produce for inspection; penalty.
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Any person who, after having created any security interest in any article of personal property, whether presently owned or after-acquired, for the benefit of another, shall, during the existence of the lien or title of such security interest, fail to give, from time to time upon …
Neb. Rev. Stat. § 69-1201 Terms, defined.
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As used in sections 69-1201 to 69-1217, unless the context otherwise requires: (1) Debt management shall mean the planning and management of the financial affairs of a debtor for a fee from the debtor and the receiving therefrom of money or evidences thereof for the purpose of di…
Neb. Rev. Stat. § 69-1202 Debt management; exceptions to act.
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Any person engaged in debt management shall be deemed to be rendering financial planning service, but sections 69-1201 to 69-1217 shall not apply to the following when engaged in the regular course of their respective businesses and professions: (1) Attorneys at law; (2) Banks, f…
Neb. Rev. Stat. § 69-1203 License; required.
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After January 1, 1969, it shall be unlawful for any person to engage in the business of debt management without first obtaining a license as required in sections 69-1201 to 69-1217.
Neb. Rev. Stat. § 69-1204 License; application; fees; bond; expiration; copy of contract.
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(1) Any person desiring to obtain a license to engage in the debt management business in this state shall file with the secretary an application in writing, under oath, setting forth the person's business name, the person's social security number if the applicant is an individual…
Neb. Rev. Stat. § 69-1205 License; application; investigation; issuance.
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Upon the filing of the application and the payment of the fees and the approval of the bond, the secretary shall investigate the facts and if he or she finds that the financial responsibility, experience, character, and general fitness of the applicant and of the members thereof,…
Neb. Rev. Stat. § 69-1206 License; renewal; fee; bond.
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Each licensee on or before December 1 may make application to the secretary for renewal of its license. The application shall be on the form prescribed by the secretary and shall be accompanied by a fee of one hundred dollars, together with a bond as in the case of an original ap…
Neb. Rev. Stat. § 69-1207 License; Secretary of State; deny; revoke; suspend; nontransferable.
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(1) The secretary may deny, revoke or suspend any license issued or applied for under sections 69-1201 to 69-1217 for the following causes: (a) Conviction of a felony; (b) For violating any of the provisions of sections 69-1201 to 69-1217; (c) For fraud or deceit in procuring the…
Neb. Rev. Stat. § 69-1208 Rules and regulations; promulgation.
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Rules and regulations issued by the secretary under sections 69-1201 to 69-1217 shall be promulgated in accordance with the provisions of the Administrative Procedure Act.
Neb. Rev. Stat. § 69-1209 Licensee; contract with debtor required; contents.
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Each licensee shall make a written contract between himself and a debtor and immediately furnish the debtor with a true copy of the contract. The contract shall set forth the complete list of the debtor's obligations to be adjusted, a complete list of the creditors holding such o…
Neb. Rev. Stat. § 69-1210 Licensee; bank account; separate; books and records.
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A licensee shall maintain a separate bank account for the benefit of debtors in which all payments received from debtors for the benefit of creditors shall be deposited and in which all payments shall remain until a remittance is made to either the debtor, creditor, or the licens…
Neb. Rev. Stat. § 69-1211 Licensee; examination; cost; payment.
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The secretary may examine without notice the condition and affairs of each licensee. In connection with any examination, the secretary may examine on oath any licensee, and any director, officer, employee, customer, creditor or stockholder of a licensee concerning the affairs and…
Neb. Rev. Stat. § 69-1212 Licensee; debtor; fee; agreement; limitations.
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The fee of the licensee to be charged the debtor shall be agreed upon in advance and stated in the contract and provision for settlement in case of cancellation or prepayment shall be clearly stated in the contract. The total fee to be charged by the licensee shall not be more th…
Neb. Rev. Stat. § 69-1213 Licensee; duties.
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Each licensee shall: (1) Keep complete and adequate records during the term of the contract and for a period of five years from the date of cancellation or completion of the contract with each debtor, which records shall contain complete information regarding the contract, extens…
Neb. Rev. Stat. § 69-1214 Licensee; acts forbidden.
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No licensee shall: (1) Purchase from a creditor any obligation of a debtor; (2) Operate as a collection agent and as a licensee as to the same debtor's account; (3) Execute any contract or agreement to be signed by the debtor unless the contract or agreement is fully and complete…
Neb. Rev. Stat. § 69-1215 Unlawful acts; penalty.
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Any person, partnership, limited liability company, association, corporation, or other group of individuals, however organized, or any owner, partner, member, officer, director, employee, agent, or representative thereof who willfully or knowingly engages in the business of debt …
Neb. Rev. Stat. § 69-1216 Limitation of actions.
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All actions in any of the courts of this state under the provisions of sections 69-1201 to 69-1217 shall be commenced within two years next after the cause of action shall accrue.
Neb. Rev. Stat. § 69-1217 Fees; disposition.
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All fees collected under the provisions of sections 69-1201 to 69-1217 shall be paid promptly into the state treasury to the credit of the General Fund.
Neb. Rev. Stat. § 69-1301 Terms, defined.
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As used in the Uniform Disposition of Unclaimed Property Act unless the context otherwise requires: (a) Banking organization means any bank, trust company, savings bank, industrial bank, land bank, or safe deposit company. (b) Business association means any corporation, joint-sto…
Neb. Rev. Stat. § 69-1302 Property held or owing by a banking or financial organization or business association; presumed abandoned; when.
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The following property held or owing by a banking or financial organization or by a business association is presumed abandoned: (a) Any demand, savings, or matured time deposit that is not automatically renewable made in this state with a banking organization, together with any i…
Neb. Rev. Stat. § 69-1303 Unclaimed funds held and owing by a life insurance corporation; presumed abandoned; when.
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(a) Unclaimed funds, as defined in this section, held and owing by a life insurance corporation shall be presumed abandoned if the last-known address, according to the records of the corporation, of the person entitled to the funds is within this state. If a person other than the…
Neb. Rev. Stat. § 69-1304 Funds held or owing by any utility; presumed abandoned; when.
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The following funds held or owing by any utility are presumed abandoned: (a) Any deposit made by a subscriber with a utility to secure payment for, or any sum paid in advance for, utility services to be furnished in this state, less any lawful deductions, that has remained unclai…
Neb. Rev. Stat. § 69-1305 Stock, shareholding, or other intangible ownership interest; presumed abandoned; when.
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(a) Any stock, shareholding, or other intangible ownership interest in a business association, the existence of which is evidenced by records available to the association, is presumed abandoned and, with respect to the interest, the association is the holder, if: (1) The interest…
Neb. Rev. Stat. § 69-1305.01 Stock or other intangible ownership interest; applicability of act; conditions.
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The Uniform Disposition of Unclaimed Property Act does not apply to any stock or other intangible ownership interest enrolled in a plan that provides for the automatic reinvestment of dividends, distributions, or other sums payable as a result of the interest unless: (a) The reco…
Neb. Rev. Stat. § 69-1305.02 Credit memo; presumed abandoned; when.
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A credit memo that remains unredeemed for more than three years after issuance is presumed abandoned and the amount presumed abandoned is the amount credited, as shown on the memo itself.
Neb. Rev. Stat. § 69-1305.03 Gift certificate or gift card; presumed abandoned; when.
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(a) A gift certificate or gift card which is not assessed any fees and does not have an expiration date shall not be presumed to be abandoned. (b) A gift certificate or gift card which contains an expiration date or requires any type of post-sale finance charge or fee which is un…
Neb. Rev. Stat. § 69-1306 Intangible personal property distributable in voluntary dissolution; presumed abandoned; when.
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All intangible personal property distributable in the course of a voluntary dissolution of a business association, banking organization, or financial organization organized under the laws of or created in this state, that is unclaimed by the owner within two years after the date …
Neb. Rev. Stat. § 69-1307 Intangible personal property and increment held in a fiduciary capacity; presumed abandoned; when.
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All intangible personal property and any income or increment thereon, held in a fiduciary capacity for the benefit of another person is presumed abandoned unless the owner has, within five years after it becomes payable or distributable, increased or decreased the principal, acce…
Neb. Rev. Stat. § 69-1307.01 Intangible personal property held by court, public entities, or political subdivision; presumed abandoned; when.
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Except as otherwise provided by law, all intangible personal property held for the owner by any court, public corporation, public authority, or public officer of this state, or a political subdivision thereof, that has remained unclaimed by the owner for more than three years is …
Neb. Rev. Stat. § 69-1307.02 Unpaid wages; presumed abandoned; when.
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Unpaid wages, including wages represented by payroll checks owing in the ordinary course of the holder's business which remain unclaimed by the owner for more than one year after becoming payable, are presumed abandoned.
Neb. Rev. Stat. § 69-1307.03 Retirement funds; presumed abandoned; when.
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All intangible property and any income or increment derived therefrom held in an individual retirement account, a retirement plan for self-employed individuals, or similar account or plan established pursuant to the internal revenue laws of the United States, which has not been p…
Neb. Rev. Stat. § 69-1307.04 Mineral rights and proceeds; presumed abandoned; when.
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(a) For purposes of this section, unless the context otherwise requires: (1) Mineral means oil, gas, uranium, sulphur, lignite, coal, and any other substance that is ordinarily and naturally considered a mineral, regardless of the depth at which the oil, gas, uranium, sulphur, li…
Neb. Rev. Stat. § 69-1307.05 Intangible personal property held by life insurance corporation; presumed abandoned; when.
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All intangible personal property distributable in the course of a demutualization or related reorganization of a life insurance corporation that remains unclaimed is presumed abandoned two years after the date of the distribution of the property.
Neb. Rev. Stat. § 69-1307.06 Military medal; report and delivery to State Treasurer.
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Any military medal that is removed from a safe deposit box or any other safekeeping repository or agency or collateral deposit box on which the lease or rental period has expired due to nonpayment of rental charges or other reasons shall not be sold or otherwise disposed of but s…
Neb. Rev. Stat. § 69-1307.07 Military medals; State Treasurer; duties.
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The State Treasurer, upon receiving military medals, shall hold and maintain the military medals for ten years or until the original owner or the owners' respective heirs or beneficiaries can be identified and the military medals returned. After ten years, the State Treasurer may…
Neb. Rev. Stat. § 69-1308 Other intangible property; general-use prepaid card; presumed abandoned; when.
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(a) Except as provided in subsection (b) of this section, all intangible personal property, not otherwise covered by the Uniform Disposition of Unclaimed Property Act, including any income or increment thereon after deducting any lawful charges, that is held or owing in this stat…
Neb. Rev. Stat. § 69-1309 Owner in another state; property not presumed abandoned; when.
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If specific property which is subject to the provisions of sections 69-1302 and 69-1305 to 69-1308 is held for or owed or distributable to an owner whose last-known address is in another state by a holder who is subjected to the jurisdiction of that state, the specific property i…