(1) Except as provided in section 45-101.04, any rate of interest which may be agreed upon, not exceeding sixteen percent per annum on the unpaid principal balance, shall be valid upon any loan or forbearance of money, goods, or things in action and may be taken yearly, for any shorter period, or in advance, if so expressly agreed.
(2) Such rate of interest so long as it does not violate sections 45-101.02 to 45-113 or any federal usury law may be charged on a variable rate basis, except that if the lender proposes to increase the interest rate during the term of a loan on consumer goods notice of such proposed increase shall be communicated in writing to the person or persons primarily obligated on such loan at least ten days prior to the proposed increase. Deposit of such notice in the United States mails, postage prepaid, shall be deemed communication for the purpose of this section.
Notes of Decisions
Lincoln Lumber Co. v. Fowler, 533 N.W.2d 898 (Neb. 1995).
· cites it 5× “The court also held that the interest rate of 24 percent per annum contained in the promissory note exceeded the statutory rate allowed by Neb. Rev. Stat. § 45-101.03 (Reissue 1988).”
McCaul v. Am. Sav. Co., 331 N.W.2d 795 (Neb. 1983).
· cites it 5× “, and is not exempt from that act under any of the subsections of Neb. Rev. Stat. § 45-101.04 (Reissue 1978).”
Farmland Enter., Inc. v. Schueman, 322 N.W.2d 665 (Neb. 1982).
· cites it 9× “(Farmland), contracted for, received, or reserved a rate of interest on a contract entered into by and between Farmland and the appellants, Gerald Schueman and Donna Rae Schueman (Schueman), in excess of the rate provided by Neb. Rev. Stat. § 45-101.03 (Reissue 1978), thereby…”
Gen. Fiberglass Supply, Inc. v. Roemer, 594 N.W.2d 283 (Neb. 1999).
· cites it 3× “Interest and Costs Award Roemer asserts that if this court affirms the trial court’s finding that he entered the contracts in his individual capacity, we must nonetheless reverse the trial court’s award to GFSI of costs and interest at Vk percent per month because, as to Roemer…”
Thomas Lakes Owners Ass'n v. Riley, 612 N.W.2d 529 (Neb. Ct. App. 2000).
· cites it 4× “Neb. Rev. Stat. § 45-101.03 (1) (Reissue 1998) provides: “Except as provided in section 45-101.”
GFH Fin. Servs. Corp. v. Kirk, 437 N.W.2d 453 (Neb. 1989).
· cites it 2× “The highest lawful rate was 16 percent, Neb. Rev. Stat. § 45-101.03 (Reissue 1988), which would translate to a possible maximum interest recovery under this paragraph of $396.”
Farm & Garden Ctr., L.L.C. v. Kennedy, 26 Neb. Ct. App. 576 (Neb. Ct. App. 2018).
· cites it 2× “33-percent interest per month on unpaid balances after 30 days; it states, in relevant part: *599 The limitation on the rate of interest provided in section 45-101.03 [any rate of interest may be agreed upon, not exceeding 16 percent on an unpaid principal balance] shall not…”
In Re Est. of Peterson, 433 N.W.2d 500 (Neb. 1988).
“Section 45-102 states: Interest upon the loan or forbearance of money, goods or things in action, shall be at the rate of twelve per cent per annum for the period commencing on March 19,1980, through August 31,1983, and at the rate of six per cent per annum commencing on…”
Gen. Elec. Credit Corp. v. Best Refrigerated Express, Inc., 385 N.W.2d 81 (Neb. 1986).
“04 some 4 years prior to the bringing of a suit in this case exempted this transaction from the provisions of § 45-105 and the limitations imposed by § 45-101.03.” The same theory applies to the provisions of § 45-138 and its amendments.”
Baltazar's Stone v. Pape (Neb. Ct. App. 2025).
· cites it 6× “Neb. Rev. Stat. § 45-101.03 (Reissue 2010) allows interest, “which may be agreed upon” not exceeding 16 percent per annum.”
— Neb. Rev. Stat. § 45-101.03(1) — 1 case
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