NE · compiled 2026-07-17
Nebraska late fee law
When a contract is silent, Nebraska's legal interest rate is 6% per year (Neb. Rev. Stat. § 45-102). The details, including what you may agree to instead, are below with citations.
Default rate when the contract is silent
Neb. Rev. Stat. § 45-1026%per year
Attaches to the debt by operation of law when you agreed no rate, so it accrues before any lawsuit and can be stated on a demand letter.
Interest on the loan or forbearance of money, goods or things in action is 6% per annum (rate in effect since September 1, 1983) on the unpaid principal balance, unless a greater rate - not exceeding the § 45-101.03 maximum - is contracted for by the parties. Statute text verified in the Nebraska Department of Banking & Finance's official compilation (ndbf.nebraska.gov) and corroborated by FindLaw/Justia; nebraskalegislature.gov itself was unreachable from this environment.
Agreed (contract) rates and caps
Neb. Rev. Stat. §§ 45-101.03, 45-101.04, 45-101.02General maximum agreed rate is 16% per annum on the unpaid principal balance (§ 45-101.03, verified in the official NDBF compilation). § 45-101.04 removes that cap for, among others: loans made to any corporation, partnership, LLC, or trust (and their guarantors/sureties), loans where the aggregate principal indebtedness is $25,000 or more, and loans by licensed/regulated lenders - so most B2B credit is exempt from the 16% cap. Note § 45-101.02 defines 'interest' to exclude 'loan service costs,' which expressly include delinquency charges.
Prompt payment act
Neb. Rev. Stat. §§ 81-2401 to 81-2408; §§ 45-1201 to 45-1211; § 45-104.02public+private-construction
State agencies: Prompt Payment Act (§§ 81-2401 to 81-2408) - payment due within 45 days of the invoice or the goods/services (whichever is later); unpaid creditors may charge interest at the § 45-104.02 rate (a variable rate: the federal government's average short-term borrowing rate for July of the previous year, rounded, plus 3 percentage points, redetermined every other year; 14% before 1993), accruing from the 31st day. Construction: Nebraska Construction Prompt Pay Act (§§ 45-1201 to 45-1211) covers both public and private construction - owner must pay within 30 days of a payment request, subs within 10 days of the prime's receipt; late amounts bear interest of 1% per month per corroborated secondary sources.
Late-fee notes
Distinctive point: § 45-101.02 classifies delinquency charges as 'loan service costs,' not 'interest,' for usury purposes (verified in the official NDBF compilation), and the 16% cap does not apply to entity borrowers or $25k+ indebtedness anyway (§ 45-101.04). Flat late fees on commercial invoices otherwise follow the ordinary reasonableness/liquidated-damages doctrine.
Compute a late fee on a real invoice under Nebraska context, derivation shown, citation alongside.
Calculator, prefilled for NESources for this entry
- https://ndbf.nebraska.gov/sites/default/files/legal/45-101.02%20to%2045-1,115%20Interest%20Rates%20and%20Loans.pdf
- https://codes.findlaw.com/ne/chapter-45-interest-loans-and-debt/ne-rev-st-sect-45-102/
- https://law.justia.com/codes/nebraska/chapter-45/statute-45-102/
- https://nebraskalegislature.gov/laws/display_html.php?begin_section=81-2401&end_section=81-2408
- https://www.levelset.com/prompt-payment/nebraska-prompt-payment-faqs/
- https://www.koleyjessen.com/insights/publications/nebraska-construction-prompt-pay-act
Not legal advice
Informational summary of state and federal statutes as researched on the sources listed per entry; not legal advice - verify current law with licensed counsel before relying on any rate or citation.
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Chasing invoices in Nebraska?
Duebay applies these rules automatically: fees computed from your agreed terms, the citation shown, and reminder sequences that escalate on schedule.