2-4807. Creditor; provide notification of availability of mediation; when.
178 words·~1 min read·
/ne/chapter-2/2-4807A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)At least thirty days prior to the initiation of a proceeding on an agricultural debt in excess of forty thousand dollars, a creditor, except as provided in subsection
(2)or
(3)of this section, shall provide written notice directly to the borrower of the availability of mediation and the address and telephone number of the farm mediation service in the service area of the borrower.
(2)Subsection
(1)of this section shall not apply to creditors subject to the federal Agricultural Credit Act of 1987 if such act and the rules and regulations adopted and promulgated thereunder require otherwise.
(3)Subsection
(1)of this section shall not apply if a court of competent jurisdiction determines that the time delay required would cause the creditor to suffer irreparable harm because there are reasonable grounds to believe the borrower may dissipate or divert collateral.
While creditors subject to this section are required to provide notice of the availability of mediation, participation in mediation is optional. First Nat. Bank North Platte v. Cardenas, 299 Neb. 497, 909 N.W.2d 79 (2018).