Nebraska § 45-375 - Installment loans; violations; penalty; effect on loan; liability.

§ 45-375. Installment loans; violations; penalty; effect on loan; liability.

Any person violating subsection (4) of section 45-345 or section 45-349, 45-356, or 45-359 is guilty of a Class II misdemeanor. If, in the making of, or collection on, any loan contract, any act is done which constitutes a Class II misdemeanor under this section, that loan shall not be void, but the licensee shall have no right to collect or receive any interest or charges whatsoever. If any interest or other charges have been collected, the licensee shall forfeit and refund to the borrower all interest and other charges collected on the loan involved 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.