45-1039. Licensees; violations; effect.

Violation of the Nebraska Installment Loan Act, except as provided by section 45-1058 in connection with any indebtedness, however acquired, shall not render such indebtedness void and uncollectible. If however, any interest or other charges have been collected or contracted for on such indebtedness, the licensee shall refund to the borrower all interest and other charges which have been collected, and shall not collect thereafter any interest or other charges contracted for and thereafter due on the loan involved, as liquidated damages, and the licensee or its assignee, if found liable, shall pay the costs of any action relating thereto, including reasonable attorney's fees. No licensee shall be found liable under this section if the licensee shows by a preponderance of the evidence that the violation was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid any such error.

Source:Laws 1941, c. 90, § 14, p. 350; C.S.Supp.,1941, § 45-142; R.S.1943, § 45-155; Laws 1963, Spec. Sess., c. 9, § 4, p. 110; Laws 1963, Spec. Sess., c. 7, § 13, p. 96; Laws 1979, LB 87, § 4; Laws 1997, LB 555, § 24; R.S.1943, (1998), § 45-155; Laws 2001, LB 53, § 67.