Nebraska § 76-239.04 Acceptance of proceeds without paying lawful claims or obtaining lien waiver; prima facie evidence of intent to deprive or defraud

Nebraska Statutes

§ 76-239.04 — Acceptance of proceeds without paying lawful claims or obtaining lien waiver; prima facie evidence of intent to deprive or defraud

Nebraska § 76-239.04

Ch. 76Real Property

This text of Nebraska § 76-239.04 (Acceptance of proceeds without paying lawful claims or obtaining lien waiver; prima facie evidence of intent to deprive or defraud) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 76-239.04 (2026).

Text

In any prosecution under sections  76-239.01  to  76-239.06  of the person, firm or corporation so receiving such proceeds, when it shall be shown in evidence that the contractor had knowledge of lawful claims for labor and material existing at the time of receipt of loan proceeds and that such person, firm or corporation has not paid such lawful claims for labor and material to the extent of the funds received by him, the fact of acceptance of such proceeds without having paid the lawful claims or obtained a lien waiver within thirty days after receipt of such proceeds shall be prima facie evidence of intent to deprive or defraud on the part of the person, firm or corporation so receiving payment.

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In any prosecution under sections 76-239.01 to 76-239.06 of the person, firm or corporation so receiving such proceeds, when it shall be shown in evidence that the contractor had knowledge of lawful claims for labor and material existing at the time of receipt of loan proceeds and that such person, firm or corporation has not paid such lawful claims for labor and material to the extent of the funds received by him, the fact of acceptance of such proceeds without having paid the lawful claims or obtained a lien waiver within thirty days after receipt of such proceeds shall be prima facie evidence of intent to deprive or defraud on the part of the person, firm or corporation so receiving payment.