§ 25-3305.Assessment of fees; restrictions; calculations.
Article 33: Nonrecourse Civil Litigation Act · Last amended 2010 · Last verified July 22, 2026
Full Text of § 25-3305
Source
Laws 2010, LB1094, § 5.
Plain-English Summary
Section 25-3305 puts limits on the cost side of a funding transaction, working alongside the disclosure requirements in section 25-3303. A funding company cannot assess fees for any period longer than thirty-six months from the date of the contract, so the meter cannot keep running indefinitely while a lawsuit drags on. Fees must compound at least semiannually, and the section forbids compounding on any shorter interval than that.
The section also fixes how the rate itself gets calculated. In figuring the annual percentage fee or rate of return, the company has to include every charge the consumer pays directly or indirectly, and it must compute that rate using only the amount the consumer receives and keeps — not the gross contract figure before fees and deductions. Read together with section 25-3303’s disclosure requirements, this gives a consumer a rate calculation that reflects the real cost of the money advanced.
Frequently Asked Questions
How long can a funding company keep charging fees on an advance?
No more than thirty-six months from the date of the contract with the consumer.
How often can fees compound under this section?
At least semiannually. The section does not allow compounding on any shorter interval.
Does the annual percentage rate include broker fees and other charges?
Yes. The company must include all charges the consumer pays directly or indirectly when calculating the annual percentage fee or rate of return.
Is the rate calculated on the full contract amount or on what the consumer keeps?
On what the consumer receives and keeps, not the gross figure before fees and deductions.
Why does the compounding frequency matter to a consumer?
More frequent compounding increases the effective cost of the funding faster over time, which is why the section sets semiannual compounding as the outer limit of frequency.