Nebraska Revised Statute 52-1316

Chapter 52

52-1316.

Information provided by filing; oral and written inquiries; duties; fees; liability.

(1) Oral and written inquiries regarding information provided by the filing of effective financing statements may be made at any county clerk's office or the office of the Secretary of State during regular business hours. For each debtor name searched by the county clerk or Secretary of State, the fee for furnishing file information shall be five dollars for each inquiry communicated in writing and four dollars and fifty cents if the inquiry is communicated by another medium authorized by the Secretary of State. Written confirmation of an oral or written inquiry shall be mailed no later than the end of the next business day after the inquiry is received.

(2) The Secretary of State shall provide a system that assigns an identifying number to each inquiry made pursuant to subsection (1) of this section. Such number shall be given to the inquiring party at the time of the oral response and shall be included in the written confirmation. The Secretary of State and the county clerks shall maintain a record of inquiries made under this section identifying who made the inquiry, on whom the inquiry was made, and the date of the inquiry.

(3) The Secretary of State may provide for a computerized system for inquiry and confirmation which may be used in lieu of the inquiry and confirmation under subsection (1) of this section. When such a system is implemented and used, it shall have the same effect as an inquiry and confirmation under subsection (1) of this section.

(4) The county clerk and Secretary of State and their employees or agents shall be exempt from all personal liability as a result of any error or omission in providing information as required by this section except in cases of willful misconduct or gross negligence.

(5) Fees received pursuant to this section by county clerks shall be deposited in the county general fund. The Secretary of State shall remit the fees received by the Secretary of State pursuant to this section to the State Treasurer for credit to the Secretary of State Cash Fund.

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