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Interest on unpaid invoices in Nebraska: 12% a year if no rate was agreed; at most 16% by agreement for homeowners (its own sources give two answers)

In Nebraska, 12% a year if no rate was agreed; at most 16% by agreement for homeowners (its own sources give two answers). Read from Nebraska's own statutes, agencies and courts, checked November 6, 2026, with every answer quoted below, and a late fee calculator.

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Nebraska's rate when no rate was agreed

12% a year. Unless otherwise agreed: 12% a year on money due on any instrument in writing, on a settled account from the day the balance is agreed, and on money withheld by unreasonable delay; and each charge on an unsettled account bears interest from the date of billing unless paid within 30 days (45-104).

Two answers: Nebraska's own sources give two rates here; both are quoted in "Where Nebraska's own sources give two answers" below.

  • “Unless otherwise agreed, interest shall be allowed at the rate of twelve percent per annum on money due on any instrument in writing, or on settlement of the account from the day the balance shall be agreed upon,” — Neb. Rev. Stat. § 45-104 (Interest; other contract obligations), read November 6, 2026
  • “Unless otherwise agreed or provided by law, each charge with respect to unsettled accounts between parties shall bear interest from the date of billing unless paid within thirty days from the date of billing.” — Neb. Rev. Stat. § 45-104, read November 6, 2026
  • “and at the rate of six percent per annum commencing on September 1, 1983, on the unpaid principal balance, unless a greater rate, not exceeding the rate of interest provided in section 45-101.03, be contracted for by the parties.” — Neb. Rev. Stat. § 45-102 (Interest; legal rate; exception), read November 6, 2026

The most you can set in Nebraska

For a homeowner: 16% a year. The 16% limit does not apply to interest charges made on open credit accounts by a person who sells goods or services on credit when the interest charges do not exceed one and one-third percent per month for any charges which remain unpaid for more than thirty days following rendition of the statement of account (45-101.04(7)).

For a business customer: No cap for a corporation, partnership, LLC or trust customer, or for loans primarily for business/agricultural purposes or of $100,000+ (as 45-101.04 states); otherwise 16%. Whether an unpaid service account counts as a 'loan' is not stated. It depends: see Neb. Rev. Stat. § 45-101.04.

  • “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” — Neb. Rev. Stat. § 45-101.03(1) (General interest rate; maximum), read November 6, 2026
  • “The limitation on the rate of interest provided in section 45-101.03 shall not apply to:” — Neb. Rev. Stat. § 45-101.04(1), read November 6, 2026
  • “(7) Interest charges made on open credit accounts by a person who sells goods or services on credit when the interest charges do not exceed one and one-third percent per month for any charges which remain unpaid for more than thirty days following rendition of the statement of account;” — Neb. Rev. Stat. § 45-101.04(1)(7), read November 6, 2026
  • “Loans made to any corporation, partnership, limited liability company, or trust” — Neb. Rev. Stat. § 45-101.04(1), read November 6, 2026
  • “Loans made when the aggregate principal amount of the indebtedness is one hundred thousand dollars or more” — Neb. Rev. Stat. § 45-101.04(1), read November 6, 2026

Late fees in Nebraska

What the text says: Installment sales contracts: delinquency charge on an installment in default at least 15 days, max 5% of the installment or $25, whichever is less (consumer); max 5% of the unpaid installment for a commercial/business-purpose contract. 45-369: installment sales contracts under the Nebraska Installment Loan and Sales Act. 45-101.04(7): interest (not a flat fee) on open credit accounts of sellers of goods or services.

Does Nebraska want it agreed in advance?

Agreed in advance: not for every charge. For the statutory rate, no: 45-104 makes each charge on an unsettled account bear interest from the billing date if unpaid within 30 days, 'unless otherwise agreed'.

  • “Unless otherwise agreed or provided by law, each charge with respect to unsettled accounts between parties shall bear interest from the date of billing unless paid within thirty days from the date of billing.” — Neb. Rev. Stat. § 45-104, read November 6, 2026

Homeowners and businesses in Nebraska

The 16% cap is lifted for loans to corporations, partnerships, LLCs and trusts and for business-purpose/large loans (45-101.04), so a homeowner keeps the 16% limit. Installment-sale delinquency charges are lower for consumers (lesser of 5% or $25) than for commercial/business-purpose contracts (5%). 45-369 defines commercial or business purpose as primarily for a purpose other than a personal, family, or household purpose.

  • “As used in this section, commercial or business purpose means primarily for a purpose other than a personal, family, or household purpose.” — Neb. Rev. Stat. § 45-369, read November 6, 2026

Prompt payment on private construction in Nebraska

It depends: see Neb. Rev. Stat. § 45-1205. Nebraska Construction Prompt Pay Act: owners (persons, entities, political subdivisions; not the State of Nebraska) and contractors/subcontractors improving real property. Interest is due only after the payer has been notified of the section.

Where Nebraska's own sources give two answers

Nebraska's § 45-104 sets twelve percent a year on instruments in writing and on accounts; § 45-102 sets six percent a year on the unpaid principal of a loan or forbearance of money, goods or things in action.

Nebraska's own words, both sides:

  • “Unless otherwise agreed, interest shall be allowed at the rate of twelve percent per annum on money due on any instrument in writing, or on settlement of the account from the day the balance shall be agreed upon,” — Neb. Rev. Stat. § 45-104 (Interest; other contract obligations), read November 6, 2026
  • “and at the rate of six percent per annum commencing on September 1, 1983, on the unpaid principal balance, unless a greater rate, not exceeding the rate of interest provided in section 45-101.03, be contracted for by the parties.” — Neb. Rev. Stat. § 45-102 (Interest; legal rate; exception), read November 6, 2026

Work out a late charge in Nebraska

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What was not checked for Nebraska

  • Nebraska's text does not say whether an unpaid service account is a "loan or forbearance" under 45-101.03 and 45-101.04; 45-101.04(7) is the part written for open credit accounts.

Check Nebraska's own text

Before you charge: read Neb. Rev. Stat. § 45-104 (Interest; other contract obligations) and the other Nebraska texts quoted on this page, or ask a lawyer. As of November 6, 2026.

This is a plain-words summary of each state's own laws as of November 6, 2026, not legal advice. Rules have exceptions. Check the state's own text, linked on every state's page, or a lawyer before you charge a late fee or interest.

Compare Nebraska with every state's answer, or with its neighbours just below.

Next door to Nebraska

  • Colorado: 8% if none agreed, depends by agreement
  • Iowa: 5% if none agreed, depends by agreement
  • Kansas: 10% if none agreed, depends by agreement
  • Missouri: 9% if none agreed, depends by agreement
  • South Dakota: 15% if none agreed, depends by agreement
  • Wyoming: 7% if none agreed, depends by agreement
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