FIND THE EXPLANATION
Use the notice, agreement, and places connected to the debt to find the right court, regulator, or legal-help service.
Explore Nebraska information →This address preserves a dated source document behind the guide. The complete explanation covers the questions, comparisons and next steps for this subject.
If you came here to check a specific citation, open the original archive below. It includes its source dates and recorded qualifications.
The explanation above is written for readers. These original working documents preserve the evidence trail, including technical language, dated passages and known corrections. They have not all received independent professional review. Use the marked limits before relying on a particular rule or figure.
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
Actual public-source verification date: October 26, 2026, Pacific / October 26, 2026 UTC Status: Same-coordinator bounded correction to the separately reviewed PASS-26 report; not independent review.
PASS-26 remains immutable. Only the affected passages, claims, source annotations, examples, and coverage cells identified below are replaced or qualified. PASS-27 and PASS-28 remain unreviewed and are not used as premises.
All previously supported PASS-26 formulas and explicit unresolved issues remain intact unless expressly changed here.
| Group | Disposition | Effect on PASS-26 |
|---|---|---|
| G1 — Collection Agency Act precision | The daily Class III misdemeanor text is confirmed, but §45-601 contains no express “knowing” or “willful” element. No controlling additional authority establishing that precise culpability formulation was located in this bounded review; criminal mental-state construction remains held. Definition pinpoints, bond timing, Board procedure, appeal effect, and rule/statute distinctions are corrected. | Replace the affected portions of B1, B3, B4, B6, G, I, Examples 1 and 11, and C002/C003/C006/C008/C010. |
| G2 — Case identities, holdings, and privacy guardrails | McKinney, Bohling, and Syring had material court/year/posture errors. Their identities and actual majority holdings are corrected. Gordon is narrowed to its administrative-process and appellate posture. Nebraska’s privacy defenses, assignment, survival, single-publication, judgment-bar, and one-year statutes are added. | Replace affected portions of J, S018–S020, C032–C037, related examples, and coverage rows. |
| G3 — Remedy and procedure qualifications | NCPA regulatory-exemption carvebacks, precise tolling, public-penalty source, UDTPA asset-freeze and AG-mailing conditions, Nebraska punitive-damages scope, and Rotkiske’s reserved equitable-doctrine issue are corrected. | Replace or qualify C018–C021, C026, C030, C046, and corresponding C5/C6/D/G/H and coverage cells. |
| G4 — Source precision and access status | Grouped ellipses are replaced with full literal URLs. Title 433’s material pages were freshly inspected through the official static PDF, but complete adoption/effective-history metadata remains unavailable. The current §1692n official OLRC body and header were successfully retrieved in PASS-29. Future-effective LB 838 language is separated from October 2026 law. | Replace affected source rows and currentness/access annotations only. |
Neb. Rev. Stat. §45-601 expressly provides that operating a covered collection-agency business without a license is a Class III misdemeanor for each day the unlawful business is conducted. The statute itself contains no express “knowing,” “willful,” “intentionally,” or similar culpability term. No controlling Nebraska appellate decision or separate statutory provision was located in this bounded review that supplies the previously reported “knowing and willful” formulation specifically for §45-601. This correction therefore withdraws that unqualified phrase but does not declare the offense strict liability; the criminal culpability construction remains unresolved. (nebraskalegislature.gov)
The statute’s next sentence is broader in subject matter: an officer or agent who personally participates in any violation of the Collection Agency Act commits a Class III misdemeanor. That sentence is not limited to personal participation in unlicensed operation. Whether and what culpability the State must prove under that separate sentence likewise remains held. (nebraskalegislature.gov)
A Class III misdemeanor authorizes, upon conviction, up to three months’ imprisonment, a fine up to $500, or both, with no minimum. That is an authorized range, not an automatic sentence. (nebraskalegislature.gov)
| Conduct | Express statutory text | Unit | Mental element established here? | Private consumer consequence |
|---|---|---|---|---|
| Operating a covered collection agency without a Nebraska license | Class III misdemeanor | Each day the unlawful business is conducted | No express term in §45-601; exact construction held | No automatic damages award, debt cancellation, dismissal, or judgment vacatur |
| Officer or agent personally participating in an Act violation | Class III misdemeanor | Each separately established offense | Exact construction held | No automatic private recovery |
| Regular employee of duly licensed collection agency | No separate agency license required by §45-601 | N/A | N/A | Does not immunize unlawful conduct |
| Nonresident entity regulated as a collection agency in another state | May communicate with a Nebraska debtor under the statute’s narrow branch | Activity-specific | N/A | Not blanket Nebraska operating authority |
The collection-agency actor pinpoints are:
These corrections change the subsection citations, not PASS-26’s broader conclusion that actor classification must be performed separately under each statute.
Section 45-608 conditions the bond on both:
The clock therefore begins at the close of the collection month—not on each payment’s receipt date, not on the client’s invoice date, and not on a debtor’s complaint date. (nebraskalegislature.gov)
A bond action may be brought by a person:
The surety’s aggregate liability to all qualifying claimants may not exceed the bond amount. A debtor contacted by an agency does not automatically qualify merely because the agency violated another part of the Act; the accounting, payment, or agreement nexus still must be proved. (nebraskalegislature.gov)
| Agency size | Statutory bond |
|---|---|
| Fewer than 5 solicitors | $5,000 |
| 5 through 15 solicitors | $10,000 |
| 16 or more solicitors | $15,000 |
| Aggregate bonds required of one person | No more than $100,000 |
| Provision | Correct operative rule |
|---|---|
| §45-612 | The Board shall revoke after specified final fraud or embezzlement convictions or judgments, failure to account within §45-608’s time, bond termination without replacement, loss of required Nebraska office or residency/corporate status, and the statute’s other stated predicates. |
| §45-613 | The Board may proceed on its own motion and shall proceed on the sworn complaint of a customer or client of a licensee. The written citation must state the exact charges and be served at least 20 days before hearing. |
| §45-615 | After hearing, the Board must issue written findings. If the stated noncompliance, accounting, or financial-responsibility findings are made, the Board may suspend or revoke. A certified copy of the findings must be sent by certified mail within five days after issuance. |
| §45-616 | Refusal, suspension, or revocation is appealable under the Administrative Procedure Act. |
| §45-617 | Pending final determination of that appeal, the holder may continue doing collection-agency business as though the license or certificate remained effective. |
These are distinct branches: §45-612’s stated revocations are mandatory; §45-615’s posthearing suspension or revocation is discretionary; and continued business pending appeal comes from §45-617, not §45-616. (nebraskalegislature.gov) (nebraskalegislature.gov) (nebraskalegislature.gov) (nebraskalegislature.gov) (nebraskalegislature.gov)
A Board complaint, even if accepted, does not itself revoke or suspend the license, award damages, invalidate a debt, or stay a collection case.
The official static Title 433, Chapter 2 PDF returned no parsed text in the public page parser, but specific pages were available through PDF screenshots and were visually inspected in PASS-29.
| Rule or form | Material text inspected | Printed page | Zero-based PDF index |
|---|---|---|---|
| Rule 001.03 | Defines “sworn complaint” | Unnumbered | 0 |
| Rule 006.03 | Posttermination cessation, account return/transfer, affidavit, and forwarding consumer payments without retaining fees | Unnumbered | 6–7 |
| Rule 008.04 | Two-year collection-payment records and allocation details | Unnumbered | 9 |
| Rule 009.01 | Board informs applicants about the federal FDCPA and how to obtain it | Unnumbered | 10 |
| Rule 011.01 | Board may investigate on its own and shall on sworn complaint of “any person or client”; 20-day citation | Unnumbered | 12 |
| Rule 011.04 | Written findings and certified mailing within five days | Unnumbered | 12 |
| Rule 013 | Fixed fee sheet | Unnumbered | 14 |
| Bond form | 45-day-after-month-close accounting/payment language | Unnumbered | 24 |
| Renewal form | Paper renewal form dated 2012 | Unnumbered | 25 |
The rule’s “any person or client” complaint wording is broader than §45-613’s “customer or client.” This report does not assume that the rule validly expands the statute’s mandatory complaint duty. The Board independently retains authority to proceed on its own motion. The discrepancy remains unresolved and does not establish private standing or a right to damages. Nebraska Secretary of State
Rule 009.01’s FDCPA reference is an informational licensing requirement; it does not transform every FDCPA violation into a Nebraska private claim. Rule 006.03 and Rule 008.04 can support administrative discipline or proof, but they do not themselves create automatic debtor damages. Nebraska Secretary of State+2
The Rule 013 page should not be treated as the sole current operational fee schedule. Current §45-620 sets maximum statutory fees and permits Board-set amounts no higher than the cost of administering the Act; §45-605.01 authorizes NMLS processing and transaction fees. The current Secretary of State page directs new applications and branches through NMLS and no longer accepts paper applications. Some fixed figures shown in the legacy sheet fall within current caps, so this correction does not declare every displayed number unlawful; its present adoption and operational status as a comprehensive fee schedule remain held. (nebraskalegislature.gov) (nebraskalegislature.gov) (sos.nebraska.gov)
| Case | Correct identity | Actual majority holding and result | Pinpoint |
|---|---|---|---|
| McKinney v. Okoye | 282 Neb. 880, 806 N.W.2d 571, filed December 16, 2011; Nebraska Supreme Court | The appeal addressed whether absolute judicial-proceeding privilege bars malicious prosecution. The majority held that it does not, reversed, and remanded. The majority did not decide or reinstate separate privacy, defamation, or interference claims. Its conclusion appears at printed p.889; the dissent begins later on that same page. | Majority reasoning printed p.888/PDF index 8; majority conclusion and start of dissent printed p.889/PDF index 9. Nebraska.gov+1 |
| Bohling v. Tecumseh Poultry LLC | 314 Neb. 129, filed April 27, 2023; Nebraska Supreme Court | The Court stated the six malicious-prosecution elements. The appeal was resolved on claim preclusion because an earlier dismissal with prejudice became a final, unappealed merits judgment. The Court did not reach the alternative underlying merits theory. | Elements printed p.131/PDF index 2; claim preclusion pp.136–138/PDF indices 7–9. Nebraska.gov+3 |
| Syring v. Archdiocese of Omaha | 317 Neb. 195, filed July 26, 2024; Nebraska Supreme Court | The IIED claim failed because the challenged conduct was not sufficiently extreme and outrageous. Because that element failed, the Court expressly did not decide the challenged medical-testimony/severe-distress issue. The full judgment was affirmed, with other claims disposed of on separate grounds. | IIED pp.208–210/PDF indices 13–15; final disposition p.216/PDF index 21. Nebraska.gov+3 |
| Gordon v. Community First State Bank | 255 Neb. 637, 587 N.W.2d 343, decided December 4, 1998; Nebraska Supreme Court | Abuse of process requires an ulterior purpose and an improper use of judicial process after issuance; regular use with a bad intention is insufficient. Administrative emergency orders did not supply the required judicial process. The Bank’s dismissal was affirmed; the appeal as to individual officers in one consolidated case was dismissed for lack of a final order; the second judgment was affirmed. | Reported pp.351–354; public reproduction, no PDF index. Justia Law+3 |
| Whipps Land & Cattle Co. v. Level 3 Communications | 265 Neb. 472, 658 N.W.2d 258, decided March 14, 2003; Nebraska Supreme Court | Section 20-203 intrusion consists of intentional interference with solitude, seclusion, or private affairs that would be highly offensive to a reasonable person. Ordinary inadvertent trespass, without intrusion into private affairs of the required kind, did not suffice. Judgment was affirmed. | Reported pp.269–271; public reproduction, no PDF index. Justia Law+1 |
| Sabrina W. v. Willman | 4 Neb. App. 149, 540 N.W.2d 364, decided November 21, 1995; Nebraska Court of Appeals | Following an admitted voyeuristic intrusion, the claimant did not have to prove the severe emotional distress required for IIED. Available privacy damages include general privacy harm, mental suffering, special damages, and nominal damages if none of the others are proved. The directed verdict was reversed and the case remanded for a new trial. | Reported pp.369–371; public reproduction, no PDF index. Justia Law |
Nebraska’s privacy statute expressly subjects communication-based privacy claims to applicable qualified or absolute defamation privileges and other common-law privacy defenses. A statement made in a qualifying judicial proceeding can therefore be privileged against a statement-based privacy or defamation claim. (nebraskalegislature.gov)
McKinney does not create the opposite blanket rule. It holds only that absolute judicial-proceeding privilege does not bar the distinct tort of malicious prosecution. Malicious prosecution remains subject to its own six elements, including favorable termination, lack of probable cause, malice, and damages. Nebraska.gov+1
| Provision | Correct bounded effect |
|---|---|
| §20-203 | Liability for intentional intrusion into solitude, seclusion, or private affairs of a kind highly offensive to a reasonable person. Repeated collection contacts can be relevant, but contact count alone does not establish intent or objective offensiveness. |
| §20-206 | Preserves statutory, constitutional, qualified, absolute, and common-law privileges and defenses, including defamation privileges for communications. |
| §20-207 | Privacy action is personal to the person whose privacy was invaded and is nonassignable. |
| §20-208 | Privacy action generally does not survive the subject’s death, except the stated name-or-likeness exploitation branch. |
| §20-209 | A single publication, exhibition, or utterance produces one cause of action encompassing damages in all jurisdictions. It does not force an election among all different tort theories and is not a universal collector-remedy election rule. |
| §20-210 | A merits judgment for or against the same plaintiff against the same defendant based on the same publication, exhibition, or utterance bars another damages action based on that same publication. |
| §20-211 | Privacy action must be filed within one year from the date the cause arose. |
(nebraskalegislature.gov) (nebraskalegislature.gov) (nebraskalegislature.gov) (nebraskalegislature.gov) (nebraskalegislature.gov) (nebraskalegislature.gov) (nebraskalegislature.gov)
Gordon supports the following narrower formulation:
Plain text
Abuse of process requires:
an ulterior purpose
+
an improper act in the use of judicial process
after or under cover of its issuance
+
resulting damage
Bad motive attached to regular and legitimate use is insufficient. The case did not recognize administrative agency orders as judicial process for this tort and expressly left open whether an administrative proceeding could support malicious prosecution. Its consolidated appellate disposition also cannot be compressed into a blanket affirmance of every dismissal against every defendant. Justia Law+2
Syring is a Nebraska Supreme Court decision, not a Court of Appeals decision. It supports the demanding objective outrageousness threshold. It does not establish that severe emotional distress was absent on its facts; the majority expressly declined to reach that disputed element after holding the conduct was not sufficiently outrageous. The case is not a debt-collection case and supplies only the general Nebraska element and gatekeeping standard. Nebraska.gov+2
Section 59-1617(1) generally exempts actions or transactions that are otherwise permitted, prohibited, or regulated under laws administered by listed regulators or another state or federal regulatory body acting under statutory authority.
Section 59-1617(2), however, expressly returns specified categories to the Consumer Protection Act:
The section also states that no penalty or remedy results from an NCPA violation except those expressly provided by the Act. (nebraskalegislature.gov)
The result remains conduct specific. A regulated entity is not automatically exempt from every NCPA claim, and the carvebacks do not make every activity of a listed business actionable. No private punitive or public-penalty stacking is inferred.
A private §59-1609 damages action generally must be commenced within four years after accrual.
Suspension occurs only when:
The suspension excludes an action for recovery of a civil penalty for violation of an injunction and excludes actions under §59-1609 itself. An AG intake complaint, CART communication, informal inquiry, voluntary mediation, or consumer submission is not the qualifying action described by §59-1612. (nebraskalegislature.gov)
Section 59-1608 authorizes the Attorney General’s injunction, restoration, costs, and fee route. The NCPA civil-penalty amounts are located in §59-1614:
The Attorney General, acting for the State, seeks those penalties. They are not automatic private damages payable to the consumer. (nebraskalegislature.gov)
When the Attorney General has reasonable cause to believe a listed deceptive trade practice or unconscionable act occurred, the AG may ask a district court for an ex parte order temporarily freezing or impounding connected accounts or assets to preserve resources for restitution or another available consumer remedy.
If granted:
This is a court-ordered public enforcement remedy. A private claimant, consumer complaint, or AG intake employee cannot unilaterally freeze assets. (nebraskalegislature.gov)
| Event | Required timing | Material sent |
|---|---|---|
| Petition, counterclaim, cross-petition, or intervention pleading alleging a UDTPA violation | Within 7 days after filing | Copy of pleading |
| Final judgment in such action | Within 7 days after entry | Copy of judgment |
| Small Claims Court appeal involving a UDTPA issue | Within 7 days after providing notice of appeal | Written notice, relevant pleading, order or judgment |
| Other appeal involving a UDTPA issue | Within 7 days after filing the notice of appeal | Written notice, relevant pleading, order or judgment |
Initial required mailings in an action must be by certified mail. Once the AG has received required materials by certified mail in the same action, later required mailings may use regular mail. Failure to comply is not a dismissal ground, although it may support a later AG action to vacate or modify the judgment. (nebraskalegislature.gov)
O’Brien v. Cessna Aircraft Co. supports the rule that when Nebraska substantive law governs the punitive-damages question, punitive, vindictive, or exemplary damages are unavailable under Nebraska law. The case itself was a choice-of-law analysis. It does not establish that Nebraska law governs every forum or multistate dispute, and it does not displace federal statutory damages such as the FDCPA’s additional-damages provision. Nebraska.gov
Rotkiske holds that §1692k(d)’s one-year period generally runs from the date of the FDCPA violation rather than from a general discovery date.
The majority’s footnote 3 expressly declined to decide:
Accordingly, PASS-26 correctly rejects an automatic general discovery rule, but this correction withdraws any affirmative statement that the majority recognized or applied equitable tolling on the facts. Those questions were reserved. Supreme Court of the United States+1
The current online §87-302 page displays LB 838’s social-media-advertising provisions and identifies an operative date of January 1, 2027. As of October 26, 2026, those newly added clauses are future effective and are not operative current law for this PASS-29 analysis. The preexisting UDTPA provisions remain the relevant October 2026 text. (nebraskalegislature.gov) (nebraskalegislature.gov)
PASS-29 does not resolve or reopen:
Plain text
https://nebraskalegislature.gov/laws/statutes.php?statute=45-603
https://nebraskalegislature.gov/laws/statutes.php?statute=45-604
https://nebraskalegislature.gov/laws/statutes.php?statute=45-605
https://nebraskalegislature.gov/laws/statutes.php?statute=45-605.01
https://nebraskalegislature.gov/laws/statutes.php?statute=45-606
https://nebraskalegislature.gov/laws/statutes.php?statute=45-607
https://nebraskalegislature.gov/laws/statutes.php?statute=45-609
https://nebraskalegislature.gov/laws/statutes.php?statute=45-610
https://nebraskalegislature.gov/laws/statutes.php?statute=45-611
https://nebraskalegislature.gov/laws/statutes.php?statute=45-618
https://nebraskalegislature.gov/laws/statutes.php?statute=45-619
https://nebraskalegislature.gov/laws/statutes.php?statute=45-620
Sections 45-605.01 and 45-620 were freshly reread for the NMLS and fee correction. The other listed sections retain their dated PASS-26 read status and were not substantively regenerated here.
Plain text
https://nebraskalegislature.gov/laws/statutes.php?statute=45-608
https://nebraskalegislature.gov/laws/statutes.php?statute=45-612
https://nebraskalegislature.gov/laws/statutes.php?statute=45-613
https://nebraskalegislature.gov/laws/statutes.php?statute=45-614
https://nebraskalegislature.gov/laws/statutes.php?statute=45-615
https://nebraskalegislature.gov/laws/statutes.php?statute=45-616
https://nebraskalegislature.gov/laws/statutes.php?statute=45-617
Sections 45-608, 45-612, 45-613, 45-615, 45-616, and 45-617 were freshly read for PASS-29. Section 45-614 retains its dated PASS-26 read status.
Plain text
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1601
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1602
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1608
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1609
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1609.01
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1610
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1611
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1612
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1613
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1614
https://nebraskalegislature.gov/laws/statutes.php?statute=59-1617
Sections 59-1612, 59-1614, and 59-1617 were freshly read for PASS-29. The remaining URLs preserve their dated PASS-26 read status.
Plain text
https://nebraskalegislature.gov/laws/statutes.php?statute=87-301
https://nebraskalegislature.gov/laws/statutes.php?statute=87-302
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.01
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.02
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.03
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.04
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.05
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.07
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.08
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.09
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.10
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.11
https://nebraskalegislature.gov/laws/statutes.php?statute=87-303.12
https://nebraskalegislature.gov/laws/statutes.php?statute=87-304
Sections 87-302, 87-303.02, and 87-303.12 were freshly read. The other URLs preserve their dated PASS-26 read status.
Plain text
https://nebraskalegislature.gov/laws/statutes.php?statute=20-201
https://nebraskalegislature.gov/laws/statutes.php?statute=20-203
https://nebraskalegislature.gov/laws/statutes.php?statute=20-206
https://nebraskalegislature.gov/laws/statutes.php?statute=20-207
https://nebraskalegislature.gov/laws/statutes.php?statute=20-208
https://nebraskalegislature.gov/laws/statutes.php?statute=20-209
https://nebraskalegislature.gov/laws/statutes.php?statute=20-210
https://nebraskalegislature.gov/laws/statutes.php?statute=20-211
Sections 20-203 and 20-206 through 20-211 were freshly read.
Plain text
https://uscode.house.gov/us/usc/119-124/t15/s1692a/
https://uscode.house.gov/us/usc/119-124/t15/s1692e/
https://uscode.house.gov/us/usc/119-124/t15/s1692f/
https://uscode.house.gov/us/usc/119-124/t15/s1692k/
https://uscode.house.gov/us/usc/119-124/t15/s1692l/
https://uscode.house.gov/us/usc/119-124/t15/s1692n/
The §1692a, §1692e, §1692f, §1692k, and §1692l bodies were already read in PASS-26. Although the coordinator’s exact §1692n route failed during review, PASS-29 successfully retrieved the official OLRC page. It displays text in effect through Public Law 119-124, October 15, 2026, and preserves more-protective consistent state law. The earlier failed access remains an attributed historical observation, not evidence that the statute was unavailable or changed. (uscode.house.gov)
Arithmetic:
Plain text
5 assumed daily offenses
× $500 maximum Class III fine per offense
= $2,500 theoretical aggregate fine ceiling
This preserves PASS-26’s $2,500 arithmetic but corrects its legal premise:
During calendar month M:
Plain text
Gross collections received $5,000
Assumed contractually lawful deductions -1,000
------
Assumed net proceeds due to client $4,000
Symbolic deadline:
Plain text
Close of calendar month M
+ 45 days
= statutory report-and-payment point
Assume a $5,000 bond.
Plain text
Supported client loss $4,000
Bond limit $5,000
Potential recovery up to $4,000
Plain text
Aggregate qualifying losses $7,000
Surety aggregate limit $5,000
Maximum total surety liability $5,000
PASS-29 does not invent an allocation method among competing claimants. The actual month, deductions, agreement, accounting, claimant status, bond, defenses, and other claims remain unknown. The preserved $4,000 calculation is conditional on those predicates. (nebraskalegislature.gov)
Plain text
Statement-based privacy/defamation:
may encounter §20-206 litigation privilege
Malicious prosecution:
not barred merely by that privilege under McKinney
but all six elements still required
Abuse of process:
requires improper use of judicial process after issuance
bad motive alone is insufficient
Complaint to an administrative regulator:
does not itself constitute judicial process under Gordon
If an earlier with-prejudice judgment already adjudicated the malicious-prosecution claim and was not appealed, Bohling shows that claim preclusion can dispose of the later action without deciding the underlying malicious-prosecution merits. Nebraska.gov+5
Plain text
AG intake complaint filed
Qualifying §59-1612 court action no
Automatic private limitation suspension no
Automatic asset freeze no
Automatic litigation stay no
CART’s dispute-resolution process is voluntary and the AG is not the consumer’s private attorney. (ago.nebraska.gov)
If the AG files an actual action under §§59-1602 through 59-1606 and the private §59-1609 claim is based in whole or part on the same matter:
Plain text
Private limitation suspension
= duration of qualifying AG action’s pendency
The suspension does not arise from intake alone and does not extend to the excluded AG action categories identified in §59-1612. (nebraskalegislature.gov)
The AG must request a district-court order. If granted:
Plain text
Initial ex parte duration 14 days
Notice to owner required
Hearing required
Extension after hearing court decision
A private claimant cannot obtain that freeze merely by filing a complaint. (nebraskalegislature.gov)
The filing party must send the required pleading to the AG within seven days. The first required mailing in the action is by certified mail; later required mailings may use regular mail after qualifying prior certified delivery. Failure is not a dismissal ground but may support later AG action to vacate or modify. No actual calendar is computed here. (nebraskalegislature.gov)
| Calculation | PASS-29 treatment |
|---|---|
| 5 assumed daily offenses × $500 = $2,500 | Preserved, with mental element, charging, and sentencing held |
| 3 proven §59-1602 violations × $2,000 = $6,000 | Preserved as a theoretical public penalty ceiling under §59-1614, not a private award |
| $4,000 supported qualifying loss within a $5,000 bond = up to $4,000 | Preserved, subject to agreement/accounting predicates, defenses, and aggregate claims |
| $600 actual NCPA damages + automatic $1,000 = $1,600 | Rejected and remains rejected; §59-1609 enhanced-award construction is held |
| 2 FDCPA letters × $1,000 = $2,000 | Rejected and remains rejected; the individual additional-damages ceiling is up to $1,000 per action |
| Affected PASS-26 claim | PASS-29 treatment | Replacement claim |
|---|---|---|
| S_NE-P26-C002 | Pinpoint corrected | S_NE-P29-C003 |
| S_NE-P26-C003 | Pinpoint corrected | S_NE-P29-C003 |
| S_NE-P26-C006 | Replaced; mental element held | S_NE-P29-C001–C002 |
| S_NE-P26-C008 | Replaced with month-close and aggregate predicates | S_NE-P29-C004–C005 |
| S_NE-P26-C009 | Qualified into mandatory/discretionary Board branches | S_NE-P29-C006–C008 |
| S_NE-P26-C010 | Corrected §§45-616/45-617 roles | S_NE-P29-C009 |
| S_NE-P26-C011 | Preserved but source/read bounds clarified | S_NE-P29-C010 |
| S_NE-P26-C012 | Preserved but administrative effect and source bounds clarified | S_NE-P29-C011–C012 |
| S_NE-P26-C018 | Narrowed to Nebraska-substantive-law context | S_NE-P29-C026 |
| S_NE-P26-C019 | Replaced with complete §59-1617(1)–(2) structure | S_NE-P29-C021 |
| S_NE-P26-C020 | Public-penalty locator corrected to §59-1614 | S_NE-P29-C023 |
| S_NE-P26-C021 | Tolling predicates and exclusions added | S_NE-P29-C022 |
| S_NE-P26-C026 | Freeze actors, court order, 14-day period, notice, and hearing added | S_NE-P29-C024 |
| S_NE-P26-C030 | Seven-day branches and mailing consequences completed | S_NE-P29-C025 |
| S_NE-P26-C032 | Expanded with correct cases and §§20-206–211 | S_NE-P29-C018–C020 |
| S_NE-P26-C033 | Gordon posture and judicial-process limitation corrected | S_NE-P29-C017 |
| S_NE-P26-C034 | Bohling court/year/outcome corrected | S_NE-P29-C015 |
| S_NE-P26-C035 | McKinney identity, majority scope, and privilege boundaries corrected | S_NE-P29-C013–C014 |
| S_NE-P26-C036 | Syring court/year/holding corrected | S_NE-P29-C016 |
| S_NE-P26-C037 | Preserved as route-specific, not omnibus liability | S_NE-P29-C017–C020, C033 |
| S_NE-P26-C046 | Rotkiske reservation added | S_NE-P29-C027 |
| S_NE-P26-C047 | Current §1692n source access verified | S_NE-P29-C029 |
| Claim ID | Precise bounded statement | Source and pinpoint | Confidence or hold |
|---|---|---|---|
| S_NE-P29-C001 | Section 45-601 expressly creates a daily Class III misdemeanor for covered unlicensed operation but contains no express culpability term; the exact criminal mental-state construction remains unresolved. | §45-601, first offense sentence | High for text; HOLD for culpability |
| S_NE-P29-C002 | Section 45-601’s officer/agent sentence reaches personal participation in any Act violation, not solely unlicensed operation. | §45-601, second offense sentence | High |
| S_NE-P29-C003 | Third-party collection is §45-602(2)(a), false-name own-creditor conduct is §45-602(2)(b), and exclusions are in §45-602(3). | §45-602 | High |
| S_NE-P29-C004 | Section 45-608’s report/payment duty runs 45 days after the close of the collection month and concerns net proceeds collected in the preceding month and due to each client/customer. | §45-608 | High |
| S_NE-P29-C005 | Bond recovery requires the specified accounting/payment or agreement nexus, and aggregate surety liability to all claimants cannot exceed the bond. | §45-608 | High |
| S_NE-P29-C006 | Section 45-612 contains mandatory revocation grounds distinct from §45-615’s discretionary posthearing suspension/revocation. | §§45-612, 45-615 | High |
| S_NE-P29-C007 | Section 45-613’s mandatory complaint branch is limited to a sworn complaint by a customer or client; Title 433 Rule 011.01’s broader wording remains unreconciled. | §45-613; Title 433 Rule 011.01 | High for texts; HOLD on reconciliation |
| S_NE-P29-C008 | Written Board findings must be sent by certified mail within five days after issuance; posthearing discipline under §45-615 is discretionary. | §45-615 | High |
| S_NE-P29-C009 | Section 45-616 supplies APA appeal; §45-617 permits continued business pending final appeal. | §§45-616, 45-617 | High |
| S_NE-P29-C010 | Title 433 Rule 009.01’s FDCPA-reference requirement does not itself create a Nebraska private FDCPA cause. | Rule 009.01, PDF index 10 | High bounded conclusion |
| S_NE-P29-C011 | Title 433 termination and recordkeeping rules can support discipline or proof but do not themselves create automatic private damages. | Rules 006.03 and 008.04, PDF indices 6–7 and 9 | High bounded conclusion |
| S_NE-P29-C012 | The legacy Title 433 fee and paper-form pages are not sufficient as the sole current NMLS fee/procedure source; present adoption and operational status remain held. | Rule 013, PDF index 14; renewal form index 25; §§45-605.01, 45-620 | Partial |
| S_NE-P29-C013 | McKinney v. Okoye, 282 Neb. 880 (2011), held only that judicial-proceeding privilege does not bar malicious prosecution and reversed/remanded. | Printed pp.888–889/PDF indices 8–9 | High |
| S_NE-P29-C014 | McKinney did not decide other privacy, defamation, or interference claims and is not a blanket rejection of litigation privilege. | Same | High |
| S_NE-P29-C015 | Bohling, 314 Neb. 129 (2023), states the six malicious-prosecution elements but resolved the appeal through claim preclusion rather than underlying merits. | Printed pp.131, 136–138/PDF indices 2, 7–9 | High |
| S_NE-P29-C016 | Syring, 317 Neb. 195 (2024), rejected IIED for lack of sufficiently outrageous conduct and did not decide the severe-distress evidence issue. | Printed pp.208–210/PDF indices 13–15 | High |
| S_NE-P29-C017 | Gordon requires misuse of judicial process after issuance; bad motive and administrative process alone are insufficient. | Reported pp.351–354 | High |
| S_NE-P29-C018 | Section 20-203 intrusion requires intentional, highly offensive interference with solitude, seclusion, or private affairs; mere trespass is insufficient. | §20-203; Whipps reported pp.269–271 | High |
| S_NE-P29-C019 | Privacy damages can include general privacy harm, mental suffering, special damages, and nominal damages; severe IIED-level distress is not required. | Sabrina W., reported pp.369–371 | High, fact-specific |
| S_NE-P29-C020 | Sections 20-206–20-211 supply privilege, nonassignment, survival, single-publication, judgment-bar, and one-year constraints; they are not a universal collector-remedy election rule. | §§20-206–20-211 | High |
| S_NE-P29-C021 | NCPA’s regulatory exemption is subject to the express §59-1617(2) carvebacks and remains conduct specific. | §59-1617(1)–(2) | High |
| S_NE-P29-C022 | Section 59-1612 tolls a related private claim only during a qualifying AG action’s pendency and excludes the statutory categories it identifies; intake is insufficient. | §59-1612 | High |
| S_NE-P29-C023 | NCPA public civil penalties are in §59-1614; up to $2,000 per §59-1602 violation is a public penalty, not automatic private damages. | §59-1614 | High |
| S_NE-P29-C024 | UDTPA connected-asset restraint requires an AG request and district-court order; initial ex parte duration is 14 days, followed by notice and hearing before extension. | §87-303.02 | High |
| S_NE-P29-C025 | Section 87-303.12 contains distinct seven-day filing, judgment, and appeal branches; first qualifying mailing is certified, failure is not dismissal, and later AG vacatur/modification remains possible. | §87-303.12 | High |
| S_NE-P29-C026 | Nebraska punitive damages are unavailable when Nebraska substantive law governs; this does not displace federal statutory relief or decide every choice-of-law issue. | O’Brien, printed p.139/PDF index 30 | High |
| S_NE-P29-C027 | Rotkiske rejects a general FDCPA discovery rule but expressly reserves whether equitable doctrines are permitted and applicable. | Majority slip p.7/PDF index 8 n.3 | High |
| S_NE-P29-C028 | LB 838’s identified §87-302 additions are future effective January 1, 2027 and were not operative on October 26, 2026. | §87-302; LB 838 §§27, 40 | High |
| S_NE-P29-C029 | Current official §1692n preserves consistent, more-protective state law and displays currency through PL 119-124, October 15, 2026. | 15 U.S.C. §1692n | High |
| S_NE-P29-C030 | CART’s cited source is a 2021 voluntary-dispute-resolution announcement, not a 2026 adjudication or outcome report. | AG announcement dated Dec. 2, 2021 | High |
| S_NE-P29-C031 | PASS-26’s NCPA enhancement, malicious-prosecution limitation, later-collection UDTPA clock, and overlap/election issues remain unresolved. | Prior explicit holds | Preserved |
| S_NE-P29-C032 | A Collection Agency Act violation still does not expressly create automatic private damages, debt cancellation, dismissal, or judgment invalidity. | §§45-601–45-622 | High bounded textual conclusion |
| S_NE-P29-C033 | An invalid or quashed collection writ does not automatically establish privacy, abuse of process, malicious prosecution, IIED, or every other tort. | Corrected tort authorities | High |
| Source ID | Source, exact material read, status, and full URL | Access/read bounds |
|---|---|---|
| S_NE-P29-S001 | Neb. Rev. Stat. §45-601, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=45-601; complete operative body. Neb. Rev. Stat. §28-106: https://nebraskalegislature.gov/laws/statutes.php?statute=28-106; Class III misdemeanor range. | Fresh October 26, 2026 PT/UTC; current official HTML. (nebraskalegislature.gov) |
| S_NE-P29-S002 | Neb. Rev. Stat. §45-602, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=45-602; subsections (2)(a)–(c), (3). | Fresh; current official HTML. (nebraskalegislature.gov) |
| S_NE-P29-S003 | Neb. Rev. Stat. §45-608, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=45-608; complete body. | Fresh; current official HTML. (nebraskalegislature.gov) |
| S_NE-P29-S004 | Discipline and appeal statutes: https://nebraskalegislature.gov/laws/statutes.php?statute=45-612; https://nebraskalegislature.gov/laws/statutes.php?statute=45-613; https://nebraskalegislature.gov/laws/statutes.php?statute=45-614; https://nebraskalegislature.gov/laws/statutes.php?statute=45-615; https://nebraskalegislature.gov/laws/statutes.php?statute=45-616; https://nebraskalegislature.gov/laws/statutes.php?statute=45-617. | §§45-612, 613, 615, 616, 617 fresh; §45-614 dated PASS-26 reuse. Current official HTML. |
| S_NE-P29-S005 | Fee and NMLS statutes: https://nebraskalegislature.gov/laws/statutes.php?statute=45-605.01; https://nebraskalegislature.gov/laws/statutes.php?statute=45-620. Current SOS page: https://sos.nebraska.gov/licensing/collection-agencies. | Fresh. SOS page directs new applicants to NMLS and says paper applications are no longer accepted. (sos.nebraska.gov) |
| S_NE-P29-S006 | Title 433, Chapter 2, Nebraska Secretary of State. https://sos.nebraska.gov/sites/default/files/doc/Chapter-2.pdf; material PDF indices 0, 6–7, 9–10, 12, 14, 24–25. | Fresh screenshot inspection. Parsed text unavailable; pages unnumbered. No complete adoption/effective-history metadata visible. Nebraska Secretary of State+7 |
| S_NE-P29-S007 | McKinney v. Okoye, official Nebraska PDF. https://www.nebraska.gov/apps-courts-epub/public/viewCertified?docId=N00003852PUB; printed pp.888–889/PDF indices 8–9. | Final published Nebraska Supreme Court opinion, 282 Neb. 880 (2011); fresh. Nebraska.gov+1 |
| S_NE-P29-S008 | Bohling v. Tecumseh Poultry LLC, official Nebraska PDF. https://www.nebraska.gov/apps-courts-epub/public/viewAdvanced?docId=N00009424PUB; printed pp.131, 136–138/PDF indices 2, 7–9. | Final published Nebraska Supreme Court opinion, 314 Neb. 129 (2023); fresh. Nebraska.gov+3 |
| S_NE-P29-S009 | Syring v. Archdiocese of Omaha, official Nebraska PDF. https://www.nebraska.gov/apps-courts-epub/public/viewAdvanced?docId=N00011220PUB; printed pp.208–210, 216/PDF indices 13–15, 21. | Final published Nebraska Supreme Court opinion, 317 Neb. 195 (2024); fresh. Nebraska.gov+3 |
| S_NE-P29-S010 | Gordon v. Community First State Bank. https://law.justia.com/cases/nebraska/supreme-court/1998/1182-1.html; reported pp.351–354. | Public reproduction of final Nebraska Supreme Court opinion, 255 Neb. 637 (1998); no PDF index. Freshly read. Justia Law+3 |
| S_NE-P29-S011 | Privacy statutes: https://nebraskalegislature.gov/laws/statutes.php?statute=20-201; https://nebraskalegislature.gov/laws/statutes.php?statute=20-203; https://nebraskalegislature.gov/laws/statutes.php?statute=20-206; https://nebraskalegislature.gov/laws/statutes.php?statute=20-207; https://nebraskalegislature.gov/laws/statutes.php?statute=20-208; https://nebraskalegislature.gov/laws/statutes.php?statute=20-209; https://nebraskalegislature.gov/laws/statutes.php?statute=20-210; https://nebraskalegislature.gov/laws/statutes.php?statute=20-211. | §§20-203 and 20-206–211 fresh; current official HTML. |
| S_NE-P29-S012 | Whipps Land & Cattle Co. v. Level 3 Communications. https://law.justia.com/cases/nebraska/supreme-court/2003/1206-1.html; reported pp.269–271. Sabrina W. v. Willman: https://law.justia.com/cases/nebraska/court-of-appeals/1995/a-94-118-8.html; reported pp.369–371. | Public reproductions of actual published opinions; fresh; no PDF indices. Justia Law+2 |
| S_NE-P29-S013 | NCPA full URL group: https://nebraskalegislature.gov/laws/statutes.php?statute=59-1601; ...=59-1602; ...=59-1608; ...=59-1609; ...=59-1609.01; ...=59-1610; ...=59-1611; ...=59-1612; ...=59-1613; ...=59-1614; ...=59-1617. | §§59-1612, 1614, 1617 fresh; others dated PASS-26 reuse. Current official HTML. (nebraskalegislature.gov) |
| S_NE-P29-S014 | O’Brien v. Cessna Aircraft Co. https://www.nebraska.gov/apps-courts-epub/public/viewCertified?docId=N00010408PUB; printed p.139/PDF index 30. | Final Nebraska Supreme Court opinion, 298 Neb. 109 (2017); fresh relevant page. Nebraska.gov |
| S_NE-P29-S015 | UDTPA full URL group: https://nebraskalegislature.gov/laws/statutes.php?statute=87-301; ...=87-302; ...=87-303; ...=87-303.01; ...=87-303.02; ...=87-303.03; ...=87-303.04; ...=87-303.05; ...=87-303.07; ...=87-303.08; ...=87-303.09; ...=87-303.10; ...=87-303.11; ...=87-303.12; ...=87-304. LB 838: https://nebraskalegislature.gov/FloorDocs/109/PDF/Slip/LB838.pdf. | §§87-302, 303.02, 303.12 and LB 838 fresh; other sections dated PASS-26 reuse. LB 838 relevant additions future effective Jan. 1, 2027. (nebraskalegislature.gov) |
| S_NE-P29-S016 | Rotkiske v. Klemm. https://www.supremecourt.gov/opinions/19pdf/18-328_pm02.pdf; majority slip p.7/PDF index 8 n.3. | Final U.S. Supreme Court opinion; fresh relevant page. Supreme Court of the United States |
| S_NE-P29-S017 | FDCPA full URL group: https://uscode.house.gov/us/usc/119-124/t15/s1692a/; https://uscode.house.gov/us/usc/119-124/t15/s1692e/; https://uscode.house.gov/us/usc/119-124/t15/s1692f/; https://uscode.house.gov/us/usc/119-124/t15/s1692k/; https://uscode.house.gov/us/usc/119-124/t15/s1692l/; https://uscode.house.gov/us/usc/119-124/t15/s1692n/. | §1692n fresh successful access; all display through PL 119-124, Oct. 15, 2026. Other bodies were read in PASS-26. (uscode.house.gov) |
| S_NE-P29-S018 | Nebraska AG CART announcement. https://ago.nebraska.gov/news/attorney-general-announces-consumer-affairs-response-team. | Historical announcement posted Dec. 2, 2021; not 2026 outcome data. Freshly checked. (ago.nebraska.gov) |
| S_NE-P29-S019 | Bounded official searches for §45-601 culpability and current malicious-prosecution limitations: Nebraska appellate repository https://www.nebraska.gov/apps-courts-epub/; Nebraska Legislature statutes https://nebraskalegislature.gov/laws/statutes.php?statute=45-601. | Search-only; no controlling additional authority located. Not a complete commercial citator, unpublished-order, legislative-history, or criminal-docket search. |
| S_NE-P29-S020 | Collection-agency roster and forms status. Current SOS page: https://sos.nebraska.gov/licensing/collection-agencies; static rules/forms PDF: https://sos.nebraska.gov/sites/default/files/doc/Chapter-2.pdf. | Current NMLS page fresh. July 9, 2026 roster and expiry observations remain attributed to P26 researcher; no named-provider or fresh roster verification. |
| Requested subissue | Status | New claims | Exact remaining evidence or next action |
|---|---|---|---|
| §45-601 express mental element | Answered as absent from text | C001 | Controlling criminal-construction authority |
| Exact criminal culpability | Unresolved | C001 | Nebraska appellate decision, charging authority, or applicable general culpability statute |
| Daily offense unit | Answered | C001 | Actual operating dates and prosecution |
| Officer/agent scope | Answered | C002 | Personal participation and culpability |
| §45-602 subsection pinpoints | Answered | C003 | Actual actor facts |
| Bond month-close trigger | Answered | C004 | Actual month and ledger |
| Bond claimant and agreement predicates | Answered | C005 | Agreement, accounting, claimant status |
| Aggregate bond ceiling | Answered | C005 | All qualifying claims |
| §45-612 mandatory grounds | Answered | C006 | Actual conviction, judgment, bond, office, or status facts |
| §45-615 discretionary discipline | Answered | C006, C008 | Hearing record and findings |
| §45-613 20-day citation | Answered | C007 | Actual service |
| Statute/rule complaint wording conflict | Unresolved | C007 | Current Board interpretation or rulemaking history |
| Findings mailed within five days | Answered | C008 | Actual issuance and mailing |
| APA appeal versus continued business | Answered | C009 | Actual appeal |
| Title 433 FDCPA-reference effect | Answered as administrative only | C010 | None |
| Title 433 termination/records duties | Answered as administrative/proof duties | C011 | Actual rule violation and proceeding |
| Title 433 adoption/effective history | Unresolved | C012 | Official adoption orders or authenticated rule history |
| Current fee procedure | Answered partially | C012 | Current NMLS checklist and exact transaction fees |
| McKinney identity and majority holding | Answered | C013–C014 | None |
| Bohling identity and posture | Answered | C015 | None |
| Syring identity and IIED holding | Answered | C016 | None |
| Gordon posture and abuse-of-process rule | Answered | C017 | Actual judicial process and postissuance act |
| Privacy intent/offensiveness | Answered | C018 | Actual contact content and circumstances |
| Privacy damages | Answered generally | C019 | Actual injury proof |
| Privacy privileges and procedural limits | Answered | C020 | Exact publication, defendant, judgment, and death facts |
| NCPA regulatory carvebacks | Answered | C021 | Actual regulator and challenged conduct |
| NCPA limitation suspension | Answered | C022 | Actual AG action, related matter, and pendency |
| NCPA public penalty locator | Answered | C023 | Proven statutory units and court finding |
| UDTPA connected-asset freeze | Answered | C024 | AG reasonable cause and district-court order |
| UDTPA AG mailing | Answered | C025 | Actual filing and mailing events |
| Nebraska punitive-damages scope | Answered narrowly | C026 | Choice-of-law determination |
| Rotkiske occurrence clock | Answered | C027 | Actual violation date |
| FDCPA equitable doctrine | Unresolved/reserved | C027 | Later controlling authority and case-specific facts |
| LB 838 future-effective clauses | Answered as nonoperative on Oct. 26, 2026 | C028 | Jan. 1, 2027 or later status |
| §1692n body/current header | Answered prospectively | C029 | None for current source; earlier failure remains historical |
| CART source date and effect | Answered | C030 | Current individual complaint record, if ever authorized |
| §59-1609 enhanced-award construction | Preserved HOLD | C031 | Controlling construction |
| Modern malicious-prosecution limitations | Preserved HOLD | C031 | Controlling current authority |
| UDTPA later-collection purchase clock | Preserved HOLD | C031 | Controlling construction |
| Overlap/election/duplicate recovery | Preserved HOLD | C031 | Actual pleadings, verdict, and judgment |
| Collection Act implied private action | Preserved unresolved | C032 | Controlling appellate authority or legislative history |
| Wrongful-process omnibus tort theory | Rejected as automatic; route-specific | C033 | Actual process, intent, termination, privilege, and injury |
| Current provider/license status | Not researched | — | Named-provider lookup prohibited |
| Sector, local, tribal, and foreign-country law | Excluded | — | Separate assignments |
| Whole Nebraska/component/parent/A066 acceptance | Not granted | — | Remaining passes and coordinator review |
Plain text
Five assumed daily offenses:
5 × $500 = $2,500
Bond illustration:
$5,000 gross − $1,000 assumed lawful deductions = $4,000
$4,000 loss within $5,000 bond = up to $4,000
$7,000 aggregate claims against $5,000 bond = $5,000 total surety ceiling
NCPA public penalty:
3 × $2,000 = $6,000
The calculations establish arithmetic only. They do not establish criminal culpability, charging units, a sentence, bond entitlement, claim allocation, NCPA liability, or statutory penalty units.
All unaffected PASS-26 claims, supported arithmetic, and original actual-record, source-currentness, sector, local, tribal, and country holds remain unchanged. No Nebraska, component, parent, A066, operational, or publication acceptance is implied.
END S_NE PASS-29.
Captured cells with original header handling and explicitly labeled bounded correction overlays. Downloaded JSON retains original cells. Tables may contain source limitations, historical examples and identified corrections; the complete reading supplies context.
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
Group · Disposition · Effect on PASS-26 · 4 data rows
| Group | Disposition | Effect on PASS-26 |
|---|---|---|
| G1 — Collection Agency Act precision | The daily Class III misdemeanor text is confirmed, but §45-601 contains no express “knowing” or “willful” element. No controlling additional authority establishing that precise culpability formulation was located in this bounded review; criminal mental-state construction remains held. Definition pinpoints, bond timing, Board procedure, appeal effect, and rule/statute distinctions are corrected. | Replace the affected portions of B1, B3, B4, B6, G, I, Examples 1 and 11, and C002/C003/C006/C008/C010. |
| G2 — Case identities, holdings, and privacy guardrails | McKinney, Bohling, and Syring had material court/year/posture errors. Their identities and actual majority holdings are corrected. Gordon is narrowed to its administrative-process and appellate posture. Nebraska’s privacy defenses, assignment, survival, single-publication, judgment-bar, and one-year statutes are added. | Replace affected portions of J, S018–S020, C032–C037, related examples, and coverage rows. |
| G3 — Remedy and procedure qualifications | NCPA regulatory-exemption carvebacks, precise tolling, public-penalty source, UDTPA asset-freeze and AG-mailing conditions, Nebraska punitive-damages scope, and Rotkiske’s reserved equitable-doctrine issue are corrected. | Replace or qualify C018–C021, C026, C030, C046, and corresponding C5/C6/D/G/H and coverage cells. |
| G4 — Source precision and access status | Grouped ellipses are replaced with full literal URLs. Title 433’s material pages were freshly inspected through the official static PDF, but complete adoption/effective-history metadata remains unavailable. The current §1692n official OLRC body and header were successfully retrieved in PASS-29. Future-effective LB 838 language is separated from October 2026 law. | Replace affected source rows and currentness/access annotations only. |
Conduct · Express statutory text · Unit · 4 data rows
| Conduct | Express statutory text | Unit | Mental element established here? | Private consumer consequence |
|---|---|---|---|---|
| Operating a covered collection agency without a Nebraska license | Class III misdemeanor | Each day the unlawful business is conducted | No express term in §45-601; exact construction held | No automatic damages award, debt cancellation, dismissal, or judgment vacatur |
| Officer or agent personally participating in an Act violation | Class III misdemeanor | Each separately established offense | Exact construction held | No automatic private recovery |
| Regular employee of duly licensed collection agency | No separate agency license required by §45-601 | N/A | N/A | Does not immunize unlawful conduct |
| Nonresident entity regulated as a collection agency in another state | May communicate with a Nebraska debtor under the statute’s narrow branch | Activity-specific | N/A | Not blanket Nebraska operating authority |
Agency size · Statutory bond · 4 data rows
| Agency size | Statutory bond |
|---|---|
| Fewer than 5 solicitors | $5,000 |
| 5 through 15 solicitors | $10,000 |
| 16 or more solicitors | $15,000 |
| Aggregate bonds required of one person | No more than $100,000 |
Provision · Correct operative rule · 5 data rows
| Provision | Correct operative rule |
|---|---|
| §45-612 | The Board shall revoke after specified final fraud or embezzlement convictions or judgments, failure to account within §45-608’s time, bond termination without replacement, loss of required Nebraska office or residency/corporate status, and the statute’s other stated predicates. |
| §45-613 | The Board may proceed on its own motion and shall proceed on the sworn complaint of a customer or client of a licensee. The written citation must state the exact charges and be served at least 20 days before hearing. |
| §45-615 | After hearing, the Board must issue written findings. If the stated noncompliance, accounting, or financial-responsibility findings are made, the Board may suspend or revoke. A certified copy of the findings must be sent by certified mail within five days after issuance. |
| §45-616 | Refusal, suspension, or revocation is appealable under the Administrative Procedure Act. |
| §45-617 | Pending final determination of that appeal, the holder may continue doing collection-agency business as though the license or certificate remained effective. |
Rule or form · Material text inspected · Printed page · 9 data rows
| Rule or form | Material text inspected | Printed page | Zero-based PDF index |
|---|---|---|---|
| Rule 001.03 | Defines “sworn complaint” | Unnumbered | 0 |
| Rule 006.03 | Posttermination cessation, account return/transfer, affidavit, and forwarding consumer payments without retaining fees | Unnumbered | 6–7 |
| Rule 008.04 | Two-year collection-payment records and allocation details | Unnumbered | 9 |
| Rule 009.01 | Board informs applicants about the federal FDCPA and how to obtain it | Unnumbered | 10 |
| Rule 011.01 | Board may investigate on its own and shall on sworn complaint of “any person or client”; 20-day citation | Unnumbered | 12 |
| Rule 011.04 | Written findings and certified mailing within five days | Unnumbered | 12 |
| Rule 013 | Fixed fee sheet | Unnumbered | 14 |
| Bond form | 45-day-after-month-close accounting/payment language | Unnumbered | 24 |
| Renewal form | Paper renewal form dated 2012 | Unnumbered | 25 |
Case · Correct identity · Actual majority holding and result · 6 data rows
| Case | Correct identity | Actual majority holding and result | Pinpoint |
|---|---|---|---|
| McKinney v. Okoye | 282 Neb. 880, 806 N.W.2d 571, filed December 16, 2011; Nebraska Supreme Court | The appeal addressed whether absolute judicial-proceeding privilege bars malicious prosecution. The majority held that it does not, reversed, and remanded. The majority did not decide or reinstate separate privacy, defamation, or interference claims. Its conclusion appears at printed p.889; the dissent begins later on that same page. | Majority reasoning printed p.888/PDF index 8; majority conclusion and start of dissent printed p.889/PDF index 9. Nebraska.gov +1 |
| Bohling v. Tecumseh Poultry LLC | 314 Neb. 129, filed April 27, 2023; Nebraska Supreme Court | The Court stated the six malicious-prosecution elements. The appeal was resolved on claim preclusion because an earlier dismissal with prejudice became a final, unappealed merits judgment. The Court did not reach the alternative underlying merits theory. | Elements printed p.131/PDF index 2; claim preclusion pp.136–138/PDF indices 7–9. Nebraska.gov +3 |
| Syring v. Archdiocese of Omaha | 317 Neb. 195, filed July 26, 2024; Nebraska Supreme Court | The IIED claim failed because the challenged conduct was not sufficiently extreme and outrageous. Because that element failed, the Court expressly did not decide the challenged medical-testimony/severe-distress issue. The full judgment was affirmed, with other claims disposed of on separate grounds. | IIED pp.208–210/PDF indices 13–15; final disposition p.216/PDF index 21. Nebraska.gov +3 |
| Gordon v. Community First State Bank | 255 Neb. 637, 587 N.W.2d 343, decided December 4, 1998; Nebraska Supreme Court | Abuse of process requires an ulterior purpose and an improper use of judicial process after issuance; regular use with a bad intention is insufficient. Administrative emergency orders did not supply the required judicial process. The Bank’s dismissal was affirmed; the appeal as to individual officers in one consolidated case was dismissed for lack of a final order; the second judgment was affirmed. | Reported pp.351–354; public reproduction, no PDF index. Justia Law +3 |
| Whipps Land & Cattle Co. v. Level 3 Communications | 265 Neb. 472, 658 N.W.2d 258, decided March 14, 2003; Nebraska Supreme Court | Section 20-203 intrusion consists of intentional interference with solitude, seclusion, or private affairs that would be highly offensive to a reasonable person. Ordinary inadvertent trespass, without intrusion into private affairs of the required kind, did not suffice. Judgment was affirmed. | Reported pp.269–271; public reproduction, no PDF index. Justia Law +1 |
| Sabrina W. v. Willman | 4 Neb. App. 149, 540 N.W.2d 364, decided November 21, 1995; Nebraska Court of Appeals | Following an admitted voyeuristic intrusion, the claimant did not have to prove the severe emotional distress required for IIED. Available privacy damages include general privacy harm, mental suffering, special damages, and nominal damages if none of the others are proved. The directed verdict was reversed and the case remanded for a new trial. | Reported pp.369–371; public reproduction, no PDF index. Justia Law |
Provision · Correct bounded effect · 7 data rows
| Provision | Correct bounded effect |
|---|---|
| §20-203 | Liability for intentional intrusion into solitude, seclusion, or private affairs of a kind highly offensive to a reasonable person. Repeated collection contacts can be relevant, but contact count alone does not establish intent or objective offensiveness. |
| §20-206 | Preserves statutory, constitutional, qualified, absolute, and common-law privileges and defenses, including defamation privileges for communications. |
| §20-207 | Privacy action is personal to the person whose privacy was invaded and is nonassignable. |
| §20-208 | Privacy action generally does not survive the subject’s death, except the stated name-or-likeness exploitation branch. |
| §20-209 | A single publication, exhibition, or utterance produces one cause of action encompassing damages in all jurisdictions. It does not force an election among all different tort theories and is not a universal collector-remedy election rule. |
| §20-210 | A merits judgment for or against the same plaintiff against the same defendant based on the same publication, exhibition, or utterance bars another damages action based on that same publication. |
| §20-211 | Privacy action must be filed within one year from the date the cause arose. |
Event · Required timing · Material sent · 4 data rows
| Event | Required timing | Material sent |
|---|---|---|
| Petition, counterclaim, cross-petition, or intervention pleading alleging a UDTPA violation | Within 7 days after filing | Copy of pleading |
| Final judgment in such action | Within 7 days after entry | Copy of judgment |
| Small Claims Court appeal involving a UDTPA issue | Within 7 days after providing notice of appeal | Written notice, relevant pleading, order or judgment |
| Other appeal involving a UDTPA issue | Within 7 days after filing the notice of appeal | Written notice, relevant pleading, order or judgment |
Calculation · PASS-29 treatment · 5 data rows
| Calculation | PASS-29 treatment |
|---|---|
| 5 assumed daily offenses × $500 = $2,500 | Preserved, with mental element, charging, and sentencing held |
| 3 proven §59-1602 violations × $2,000 = $6,000 | Preserved as a theoretical public penalty ceiling under §59-1614, not a private award |
| $4,000 supported qualifying loss within a $5,000 bond = up to $4,000 | Preserved, subject to agreement/accounting predicates, defenses, and aggregate claims |
| $600 actual NCPA damages + automatic $1,000 = $1,600 | Rejected and remains rejected; §59-1609 enhanced-award construction is held |
| 2 FDCPA letters × $1,000 = $2,000 | Rejected and remains rejected; the individual additional-damages ceiling is up to $1,000 per action |
Affected PASS-26 claim · PASS-29 treatment · Replacement claim · 22 data rows
| Affected PASS-26 claim | PASS-29 treatment | Replacement claim |
|---|---|---|
| S_NE-P26-C002 | Pinpoint corrected | S_NE-P29-C003 |
| S_NE-P26-C003 | Pinpoint corrected | S_NE-P29-C003 |
| S_NE-P26-C006 | Replaced; mental element held | S_NE-P29-C001–C002 |
| S_NE-P26-C008 | Replaced with month-close and aggregate predicates | S_NE-P29-C004–C005 |
| S_NE-P26-C009 | Qualified into mandatory/discretionary Board branches | S_NE-P29-C006–C008 |
| S_NE-P26-C010 | Corrected §§45-616/45-617 roles | S_NE-P29-C009 |
| S_NE-P26-C011 | Preserved but source/read bounds clarified | S_NE-P29-C010 |
| S_NE-P26-C012 | Preserved but administrative effect and source bounds clarified | S_NE-P29-C011–C012 |
| S_NE-P26-C018 | Narrowed to Nebraska-substantive-law context | S_NE-P29-C026 |
| S_NE-P26-C019 | Replaced with complete §59-1617(1)–(2) structure | S_NE-P29-C021 |
| S_NE-P26-C020 | Public-penalty locator corrected to §59-1614 | S_NE-P29-C023 |
| S_NE-P26-C021 | Tolling predicates and exclusions added | S_NE-P29-C022 |
| S_NE-P26-C026 | Freeze actors, court order, 14-day period, notice, and hearing added | S_NE-P29-C024 |
| S_NE-P26-C030 | Seven-day branches and mailing consequences completed | S_NE-P29-C025 |
| S_NE-P26-C032 | Expanded with correct cases and §§20-206–211 | S_NE-P29-C018–C020 |
| S_NE-P26-C033 | Gordon posture and judicial-process limitation corrected | S_NE-P29-C017 |
| S_NE-P26-C034 | Bohling court/year/outcome corrected | S_NE-P29-C015 |
| S_NE-P26-C035 | McKinney identity, majority scope, and privilege boundaries corrected | S_NE-P29-C013–C014 |
| S_NE-P26-C036 | Syring court/year/holding corrected | S_NE-P29-C016 |
| S_NE-P26-C037 | Preserved as route-specific, not omnibus liability | S_NE-P29-C017–C020, C033 |
| S_NE-P26-C046 | Rotkiske reservation added | S_NE-P29-C027 |
| S_NE-P26-C047 | Current §1692n source access verified | S_NE-P29-C029 |
Claim ID · Precise bounded statement · Source and pinpoint · 33 data rows
| Claim ID | Precise bounded statement | Source and pinpoint | Confidence or hold |
|---|---|---|---|
| S_NE-P29-C001 | Section 45-601 expressly creates a daily Class III misdemeanor for covered unlicensed operation but contains no express culpability term; the exact criminal mental-state construction remains unresolved. | §45-601, first offense sentence | High for text; HOLD for culpability |
| S_NE-P29-C002 | Section 45-601’s officer/agent sentence reaches personal participation in any Act violation, not solely unlicensed operation. | §45-601, second offense sentence | High |
| S_NE-P29-C003 | Third-party collection is §45-602(2)(a), false-name own-creditor conduct is §45-602(2)(b), and exclusions are in §45-602(3). | §45-602 | High |
| S_NE-P29-C004 | Section 45-608’s report/payment duty runs 45 days after the close of the collection month and concerns net proceeds collected in the preceding month and due to each client/customer. | §45-608 | High |
| S_NE-P29-C005 | Bond recovery requires the specified accounting/payment or agreement nexus, and aggregate surety liability to all claimants cannot exceed the bond. | §45-608 | High |
| S_NE-P29-C006 | Section 45-612 contains mandatory revocation grounds distinct from §45-615’s discretionary posthearing suspension/revocation. | §§45-612, 45-615 | High |
| S_NE-P29-C007 | Section 45-613’s mandatory complaint branch is limited to a sworn complaint by a customer or client; Title 433 Rule 011.01’s broader wording remains unreconciled. | §45-613; Title 433 Rule 011.01 | High for texts; HOLD on reconciliation |
| S_NE-P29-C008 | Written Board findings must be sent by certified mail within five days after issuance; posthearing discipline under §45-615 is discretionary. | §45-615 | High |
| S_NE-P29-C009 | Section 45-616 supplies APA appeal; §45-617 permits continued business pending final appeal. | §§45-616, 45-617 | High |
| S_NE-P29-C010 | Title 433 Rule 009.01’s FDCPA-reference requirement does not itself create a Nebraska private FDCPA cause. | Rule 009.01, PDF index 10 | High bounded conclusion |
| S_NE-P29-C011 | Title 433 termination and recordkeeping rules can support discipline or proof but do not themselves create automatic private damages. | Rules 006.03 and 008.04, PDF indices 6–7 and 9 | High bounded conclusion |
| S_NE-P29-C012 | The legacy Title 433 fee and paper-form pages are not sufficient as the sole current NMLS fee/procedure source; present adoption and operational status remain held. | Rule 013, PDF index 14; renewal form index 25; §§45-605.01, 45-620 | Partial |
| S_NE-P29-C013 | McKinney v. Okoye, 282 Neb. 880 (2011), held only that judicial-proceeding privilege does not bar malicious prosecution and reversed/remanded. | Printed pp.888–889/PDF indices 8–9 | High |
| S_NE-P29-C014 | McKinney did not decide other privacy, defamation, or interference claims and is not a blanket rejection of litigation privilege. | Same | High |
| S_NE-P29-C015 | Bohling, 314 Neb. 129 (2023), states the six malicious-prosecution elements but resolved the appeal through claim preclusion rather than underlying merits. | Printed pp.131, 136–138/PDF indices 2, 7–9 | High |
| S_NE-P29-C016 | Syring, 317 Neb. 195 (2024), rejected IIED for lack of sufficiently outrageous conduct and did not decide the severe-distress evidence issue. | Printed pp.208–210/PDF indices 13–15 | High |
| S_NE-P29-C017 | Gordon requires misuse of judicial process after issuance; bad motive and administrative process alone are insufficient. | Reported pp.351–354 | High |
| S_NE-P29-C018 | Section 20-203 intrusion requires intentional, highly offensive interference with solitude, seclusion, or private affairs; mere trespass is insufficient. | §20-203; Whipps reported pp.269–271 | High |
| S_NE-P29-C019 | Privacy damages can include general privacy harm, mental suffering, special damages, and nominal damages; severe IIED-level distress is not required. | Sabrina W., reported pp.369–371 | High, fact-specific |
| S_NE-P29-C020 | Sections 20-206–20-211 supply privilege, nonassignment, survival, single-publication, judgment-bar, and one-year constraints; they are not a universal collector-remedy election rule. | §§20-206–20-211 | High |
| S_NE-P29-C021 | NCPA’s regulatory exemption is subject to the express §59-1617(2) carvebacks and remains conduct specific. | §59-1617(1)–(2) | High |
| S_NE-P29-C022 | Section 59-1612 tolls a related private claim only during a qualifying AG action’s pendency and excludes the statutory categories it identifies; intake is insufficient. | §59-1612 | High |
| S_NE-P29-C023 | NCPA public civil penalties are in §59-1614; up to $2,000 per §59-1602 violation is a public penalty, not automatic private damages. | §59-1614 | High |
| S_NE-P29-C024 | UDTPA connected-asset restraint requires an AG request and district-court order; initial ex parte duration is 14 days, followed by notice and hearing before extension. | §87-303.02 | High |
| S_NE-P29-C025 | Section 87-303.12 contains distinct seven-day filing, judgment, and appeal branches; first qualifying mailing is certified, failure is not dismissal, and later AG vacatur/modification remains possible. | §87-303.12 | High |
| S_NE-P29-C026 | Nebraska punitive damages are unavailable when Nebraska substantive law governs; this does not displace federal statutory relief or decide every choice-of-law issue. | O’Brien, printed p.139/PDF index 30 | High |
| S_NE-P29-C027 | Rotkiske rejects a general FDCPA discovery rule but expressly reserves whether equitable doctrines are permitted and applicable. | Majority slip p.7/PDF index 8 n.3 | High |
| S_NE-P29-C028 | LB 838’s identified §87-302 additions are future effective January 1, 2027 and were not operative on October 26, 2026. | §87-302; LB 838 §§27, 40 | High |
| S_NE-P29-C029 | Current official §1692n preserves consistent, more-protective state law and displays currency through PL 119-124, October 15, 2026. | 15 U.S.C. §1692n | High |
| S_NE-P29-C030 | CART’s cited source is a 2021 voluntary-dispute-resolution announcement, not a 2026 adjudication or outcome report. | AG announcement dated Dec. 2, 2021 | High |
| S_NE-P29-C031 | PASS-26’s NCPA enhancement, malicious-prosecution limitation, later-collection UDTPA clock, and overlap/election issues remain unresolved. | Prior explicit holds | Preserved |
| S_NE-P29-C032 | A Collection Agency Act violation still does not expressly create automatic private damages, debt cancellation, dismissal, or judgment invalidity. | §§45-601–45-622 | High bounded textual conclusion |
| S_NE-P29-C033 | An invalid or quashed collection writ does not automatically establish privacy, abuse of process, malicious prosecution, IIED, or every other tort. | Corrected tort authorities | High |
Source ID · Source, exact material read, status, and full URL · Access/read bounds · 20 data rows
| Source ID | Source, exact material read, status, and full URL | Access/read bounds |
|---|---|---|
| S_NE-P29-S001 | Neb. Rev. Stat. §45-601, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=45-601; complete operative body. Neb. Rev. Stat. §28-106: https://nebraskalegislature.gov/laws/statutes.php?statute=28-106; Class III misdemeanor range. | Fresh October 26, 2026 PT/UTC; current official HTML. (nebraskalegislature.gov) |
| S_NE-P29-S002 | Neb. Rev. Stat. §45-602, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=45-602; subsections (2)(a)–(c), (3). | Fresh; current official HTML. (nebraskalegislature.gov) |
| S_NE-P29-S003 | Neb. Rev. Stat. §45-608, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=45-608; complete body. | Fresh; current official HTML. (nebraskalegislature.gov) |
| S_NE-P29-S004 | Discipline and appeal statutes: https://nebraskalegislature.gov/laws/statutes.php?statute=45-612; https://nebraskalegislature.gov/laws/statutes.php?statute=45-613; https://nebraskalegislature.gov/laws/statutes.php?statute=45-614; https://nebraskalegislature.gov/laws/statutes.php?statute=45-615; https://nebraskalegislature.gov/laws/statutes.php?statute=45-616; https://nebraskalegislature.gov/laws/statutes.php?statute=45-617. | §§45-612, 613, 615, 616, 617 fresh; §45-614 dated PASS-26 reuse. Current official HTML. |
| S_NE-P29-S005 | Fee and NMLS statutes: https://nebraskalegislature.gov/laws/statutes.php?statute=45-605.01; https://nebraskalegislature.gov/laws/statutes.php?statute=45-620. Current SOS page: https://sos.nebraska.gov/licensing/collection-agencies. | Fresh. SOS page directs new applicants to NMLS and says paper applications are no longer accepted. (sos.nebraska.gov) |
| S_NE-P29-S006 | Title 433, Chapter 2, Nebraska Secretary of State. https://sos.nebraska.gov/sites/default/files/doc/Chapter-2.pdf; material PDF indices 0, 6–7, 9–10, 12, 14, 24–25. | Fresh screenshot inspection. Parsed text unavailable; pages unnumbered. No complete adoption/effective-history metadata visible. Nebraska Secretary of State +7 |
| S_NE-P29-S007 | McKinney v. Okoye, official Nebraska PDF. https://www.nebraska.gov/apps-courts-epub/public/viewCertified?docId=N00003852PUB; printed pp.888–889/PDF indices 8–9. | Final published Nebraska Supreme Court opinion, 282 Neb. 880 (2011); fresh. Nebraska.gov +1 |
| S_NE-P29-S008 | Bohling v. Tecumseh Poultry LLC, official Nebraska PDF. https://www.nebraska.gov/apps-courts-epub/public/viewAdvanced?docId=N00009424PUB; printed pp.131, 136–138/PDF indices 2, 7–9. | Final published Nebraska Supreme Court opinion, 314 Neb. 129 (2023); fresh. Nebraska.gov +3 |
| S_NE-P29-S009 | Syring v. Archdiocese of Omaha, official Nebraska PDF. https://www.nebraska.gov/apps-courts-epub/public/viewAdvanced?docId=N00011220PUB; printed pp.208–210, 216/PDF indices 13–15, 21. | Final published Nebraska Supreme Court opinion, 317 Neb. 195 (2024); fresh. Nebraska.gov +3 |
| S_NE-P29-S010 | Gordon v. Community First State Bank. https://law.justia.com/cases/nebraska/supreme-court/1998/1182-1.html; reported pp.351–354. | Public reproduction of final Nebraska Supreme Court opinion, 255 Neb. 637 (1998); no PDF index. Freshly read. Justia Law +3 |
| S_NE-P29-S011 | Privacy statutes: https://nebraskalegislature.gov/laws/statutes.php?statute=20-201; https://nebraskalegislature.gov/laws/statutes.php?statute=20-203; https://nebraskalegislature.gov/laws/statutes.php?statute=20-206; https://nebraskalegislature.gov/laws/statutes.php?statute=20-207; https://nebraskalegislature.gov/laws/statutes.php?statute=20-208; https://nebraskalegislature.gov/laws/statutes.php?statute=20-209; https://nebraskalegislature.gov/laws/statutes.php?statute=20-210; https://nebraskalegislature.gov/laws/statutes.php?statute=20-211. | §§20-203 and 20-206–211 fresh; current official HTML. |
| S_NE-P29-S012 | Whipps Land & Cattle Co. v. Level 3 Communications. https://law.justia.com/cases/nebraska/supreme-court/2003/1206-1.html; reported pp.269–271. Sabrina W. v. Willman: https://law.justia.com/cases/nebraska/court-of-appeals/1995/a-94-118-8.html; reported pp.369–371. | Public reproductions of actual published opinions; fresh; no PDF indices. Justia Law +2 |
| S_NE-P29-S013 | NCPA full URL group: https://nebraskalegislature.gov/laws/statutes.php?statute=59-1601; ...=59-1602; ...=59-1608; ...=59-1609; ...=59-1609.01; ...=59-1610; ...=59-1611; ...=59-1612; ...=59-1613; ...=59-1614; ...=59-1617. | §§59-1612, 1614, 1617 fresh; others dated PASS-26 reuse. Current official HTML. (nebraskalegislature.gov) |
| S_NE-P29-S014 | O’Brien v. Cessna Aircraft Co. https://www.nebraska.gov/apps-courts-epub/public/viewCertified?docId=N00010408PUB; printed p.139/PDF index 30. | Final Nebraska Supreme Court opinion, 298 Neb. 109 (2017); fresh relevant page. Nebraska.gov |
| S_NE-P29-S015 | UDTPA full URL group: https://nebraskalegislature.gov/laws/statutes.php?statute=87-301; ...=87-302; ...=87-303; ...=87-303.01; ...=87-303.02; ...=87-303.03; ...=87-303.04; ...=87-303.05; ...=87-303.07; ...=87-303.08; ...=87-303.09; ...=87-303.10; ...=87-303.11; ...=87-303.12; ...=87-304. LB 838: https://nebraskalegislature.gov/FloorDocs/109/PDF/Slip/LB838.pdf. | §§87-302, 303.02, 303.12 and LB 838 fresh; other sections dated PASS-26 reuse. LB 838 relevant additions future effective Jan. 1, 2027. (nebraskalegislature.gov) |
| S_NE-P29-S016 | Rotkiske v. Klemm. https://www.supremecourt.gov/opinions/19pdf/18-328_pm02.pdf; majority slip p.7/PDF index 8 n.3. | Final U.S. Supreme Court opinion; fresh relevant page. Supreme Court of the United States |
| S_NE-P29-S017 | FDCPA full URL group: https://uscode.house.gov/us/usc/119-124/t15/s1692a/; https://uscode.house.gov/us/usc/119-124/t15/s1692e/; https://uscode.house.gov/us/usc/119-124/t15/s1692f/; https://uscode.house.gov/us/usc/119-124/t15/s1692k/; https://uscode.house.gov/us/usc/119-124/t15/s1692l/; https://uscode.house.gov/us/usc/119-124/t15/s1692n/. | §1692n fresh successful access; all display through PL 119-124, Oct. 15, 2026. Other bodies were read in PASS-26. (uscode.house.gov) |
| S_NE-P29-S018 | Nebraska AG CART announcement. https://ago.nebraska.gov/news/attorney-general-announces-consumer-affairs-response-team. | Historical announcement posted Dec. 2, 2021; not 2026 outcome data. Freshly checked. (ago.nebraska.gov) |
| S_NE-P29-S019 | Bounded official searches for §45-601 culpability and current malicious-prosecution limitations: Nebraska appellate repository https://www.nebraska.gov/apps-courts-epub/; Nebraska Legislature statutes https://nebraskalegislature.gov/laws/statutes.php?statute=45-601. | Search-only; no controlling additional authority located. Not a complete commercial citator, unpublished-order, legislative-history, or criminal-docket search. |
| S_NE-P29-S020 | Collection-agency roster and forms status. Current SOS page: https://sos.nebraska.gov/licensing/collection-agencies; static rules/forms PDF: https://sos.nebraska.gov/sites/default/files/doc/Chapter-2.pdf. | Current NMLS page fresh. July 9, 2026 roster and expiry observations remain attributed to P26 researcher; no named-provider or fresh roster verification. |
Requested subissue · Status · New claims · 45 data rows
| Requested subissue | Status | New claims | Exact remaining evidence or next action |
|---|---|---|---|
| §45-601 express mental element | Answered as absent from text | C001 | Controlling criminal-construction authority |
| Exact criminal culpability | Unresolved | C001 | Nebraska appellate decision, charging authority, or applicable general culpability statute |
| Daily offense unit | Answered | C001 | Actual operating dates and prosecution |
| Officer/agent scope | Answered | C002 | Personal participation and culpability |
| §45-602 subsection pinpoints | Answered | C003 | Actual actor facts |
| Bond month-close trigger | Answered | C004 | Actual month and ledger |
| Bond claimant and agreement predicates | Answered | C005 | Agreement, accounting, claimant status |
| Aggregate bond ceiling | Answered | C005 | All qualifying claims |
| §45-612 mandatory grounds | Answered | C006 | Actual conviction, judgment, bond, office, or status facts |
| §45-615 discretionary discipline | Answered | C006, C008 | Hearing record and findings |
| §45-613 20-day citation | Answered | C007 | Actual service |
| Statute/rule complaint wording conflict | Unresolved | C007 | Current Board interpretation or rulemaking history |
| Findings mailed within five days | Answered | C008 | Actual issuance and mailing |
| APA appeal versus continued business | Answered | C009 | Actual appeal |
| Title 433 FDCPA-reference effect | Answered as administrative only | C010 | None |
| Title 433 termination/records duties | Answered as administrative/proof duties | C011 | Actual rule violation and proceeding |
| Title 433 adoption/effective history | Unresolved | C012 | Official adoption orders or authenticated rule history |
| Current fee procedure | Answered partially | C012 | Current NMLS checklist and exact transaction fees |
| McKinney identity and majority holding | Answered | C013–C014 | None |
| Bohling identity and posture | Answered | C015 | None |
| Syring identity and IIED holding | Answered | C016 | None |
| Gordon posture and abuse-of-process rule | Answered | C017 | Actual judicial process and postissuance act |
| Privacy intent/offensiveness | Answered | C018 | Actual contact content and circumstances |
| Privacy damages | Answered generally | C019 | Actual injury proof |
| Privacy privileges and procedural limits | Answered | C020 | Exact publication, defendant, judgment, and death facts |
| NCPA regulatory carvebacks | Answered | C021 | Actual regulator and challenged conduct |
| NCPA limitation suspension | Answered | C022 | Actual AG action, related matter, and pendency |
| NCPA public penalty locator | Answered | C023 | Proven statutory units and court finding |
| UDTPA connected-asset freeze | Answered | C024 | AG reasonable cause and district-court order |
| UDTPA AG mailing | Answered | C025 | Actual filing and mailing events |
| Nebraska punitive-damages scope | Answered narrowly | C026 | Choice-of-law determination |
| Rotkiske occurrence clock | Answered | C027 | Actual violation date |
| FDCPA equitable doctrine | Unresolved/reserved | C027 | Later controlling authority and case-specific facts |
| LB 838 future-effective clauses | Answered as nonoperative on Oct. 26, 2026 | C028 | Jan. 1, 2027 or later status |
| §1692n body/current header | Answered prospectively | C029 | None for current source; earlier failure remains historical |
| CART source date and effect | Answered | C030 | Current individual complaint record, if ever authorized |
| §59-1609 enhanced-award construction | Preserved HOLD | C031 | Controlling construction |
| Modern malicious-prosecution limitations | Preserved HOLD | C031 | Controlling current authority |
| UDTPA later-collection purchase clock | Preserved HOLD | C031 | Controlling construction |
| Overlap/election/duplicate recovery | Preserved HOLD | C031 | Actual pleadings, verdict, and judgment |
| Collection Act implied private action | Preserved unresolved | C032 | Controlling appellate authority or legislative history |
| Wrongful-process omnibus tort theory | Rejected as automatic; route-specific | C033 | Actual process, intent, termination, privilege, and injury |
| Current provider/license status | Not researched | — | Named-provider lookup prohibited |
| Sector, local, tribal, and foreign-country law | Excluded | — | Separate assignments |
| Whole Nebraska/component/parent/A066 acceptance | Not granted | — | Remaining passes and coordinator review |
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: partly supported title433 text access and adoption held
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: partly supported title433 text access and adoption held
Recorded check status: partly supported title433 text access and adoption held
Recorded check status: partly supported title433 text access and adoption held
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Recorded check status: operative body supported exact OLRC currency header unreplicated
Recorded check status: supported with explicit application or dated source limits
Recorded check status: explicit unresolved substantive holds retained
Recorded check status: supported with explicit application or dated source limits
Recorded check status: supported with explicit application or dated source limits
Keep the source version, actual read extent and jurisdiction with the proposition. A link or researcher access claim is not a substitute for an operative primary passage.
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
Recorded check status: scoped material review with explicit access limits residual annotation required
The saved component-level coverage record keeps answered, partial, blank and unresolved branches distinct. A coverage label is not acceptance of a whole subject or jurisdiction.
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Recorded check status: recorded; no individual primary acceptance inferred
Read the evidence with its boundaries. These are saved research components, including revisions. A scoped coordinator review checks selected evidence; it does not certify every claim, a complete jurisdiction, current law or individual applicability. Dates and access limits remain attached to the records.
No currently queued material correction is mapped to this component. This does not remove its currentness, access, jurisdiction or application limits.
P29P32substantive and G4 annotations supported with limits one C032search-scope P34pending
Inside: Executive determination · Model disposition matrix · 1. Definitions and classification
Inside: A. Federal wording replacements · A1. Replacement for PASS-01 §4.4 and old claim S_NE-P1-C026 · A2. Replacement for old claim S_NE-P1-C024
Inside:
Inside: Executive determination · 1. Chapter 69 custody entry point and model classification · 1.1 Operative entry point
Inside: Executive determination · 1. Operative security requirements by model · 1.1 Licensed custodial debt management
Inside: Executive determination · B1. Pre-acceptance suitability · B2. Mandatory DMP contract clauses
Inside: Focused determination · B1. Licensing discipline · B2. Examination and investigation
Inside: Focused determination · A1. Core state definition · Commercial versus consumer claims
Inside: Executive determination · B2. State records retained by collection agencies · B3. Bounded “no general counterpart verified” conclusion
Inside: Executive determination · B1. Consumer-file access under §20-149 · Charge and format limits
Inside: Executive determination · B1. Written contract—five years · B2. Oral, implied, or materially parol-dependent agreement—four years
Inside: Executive determination · A1. Small Claims Court eligibility · A2. Regular civil real-party and assignment rules
Inside: GROUP 1 — corrected source cells and literal URLs · GROUP 2 — E-SIGN/UETA relationship correction
Inside: Executive determination · B1. Real-party requirement and cure · B2. Written assignment and the specific account
Inside: Executive determination · B1. Nebraska Uniform Arbitration Act · B2. Nebraska’s special arbitration warning
Inside: 1. Five-group disposition · A. Replacement for PASS-07 §D2 and claim S_NE-P7-C023 · Replacement substantive paragraph
Inside: Focused determination · B1. Nebraska award requirements · B2. Nebraska arbitrator correction or clarification
Inside: Executive determination · B1. Rate-selection rule · Recent official Nebraska judgment rates
Inside: Executive findings · B1. Judgment prerequisite · B2. Creditor affidavit and summons
Inside: Focused determination · B1. Existing court judgment is required · B2. Filing court and affidavit
Inside: Executive findings · B1. Creditor request and clerk issuance · B2. Service and notice to the debtor
Inside: Disposition of the three correction groups · 1A. Replacement for PASS-19 §C3, “Current pay-period floors” · Correct combined Nebraska formulas
Inside: Five-group disposition · 1A. Replacement for PASS-20 §D2 · Initial examination of the garnishment order — §212.4(a)
Inside: Executive findings · A1. Entry, judgment lien, levy, and sale are different events · A2. What interest is reachable
Inside: GROUP 1 — CC 3:8N and CC 3:8Na observed-version replacement · Correct bounded conclusion · GROUP 2 — VA §5301 exact-header provenance replacement
Inside: Focused determination · B1. Licensing and prohibited conduct · B2. Conditional exclusions are not immunity
Inside: Executive determination · A1. Actor and authority matrix · A2. Eligible trustee
Inside: A. Proper court and venue · B. Commencement and the federal “first filing” · C. Plaintiff standing and enforcement authority
Inside: I. Core determination · A. Nonjudicial trustee sale · B. Judicial mortgage or deed-of-trust foreclosure
Inside: G1 — Statutory gateways and mandatory consequences · 1. Section 76-1012: both payment branches require acceleration before fixed maturity · 2. Section 76-1006: precise farm-operations gateway
Inside: G1 — Corrected source-register cells · Replacement S_NE-P29-S013 — Nebraska Consumer Protection Act · Replacement S_NE-P29-S015 — Uniform Deceptive Trade Practices Act
Inside: Executive findings · A. Role, title, and possession-route findings · A1–A7. Which route can each person use?
Inside: 1. Replacement PASS-32 C032 crosslink row · 4. Observer and currentness preservation
Original saved Markdown SHA-256: 7beddcb0a1e5be0b2827f3d79921449c89650165cb32a7295a68a46efbe981ab. Public formatting, private-reference removal and correction annotations are separate from that immutable original.