Senate Bill No. 233–Committee on Judiciary
February 22, 1999
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Referred to Committee on Judiciary
SUMMARY—Revises provisions governing rate of interest if there is no written contract fixing rate. (BDR 8-1124)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 99.040 is hereby amended to read as follows: 99.040 1.1-3
different rate of interest, interest must be allowed at a rate equal to the1-4
prime rate at the largest bank in Nevada, as ascertained by the1-5
commissioner of financial institutions, on January 1 or July 1, as the case1-6
may be, immediately preceding the date of the transaction, plus 2 percent,1-7
upon all money from the time it becomes due, in the following cases:1-8
(a) Upon contracts, express or implied, other than book accounts.1-9
(b) Upon the settlement of book or store accounts from the day on which1-10
the balance is ascertained. For the purposes of this paragraph, a book or1-11
store account is settled when the creditor gives written notice to the1-12
borrower that a sum certain is due on the account and that the creditor1-13
will not give the borrower a further extension of credit on the account.1-14
The day on which the creditor gives such written notice to the borrower1-15
shall be deemed to be the day on which the balance is ascertained.1-16
(c) Upon money received to the use and benefit of another and detained1-17
without his consent.2-1
(d) Upon wages or salary, if it is unpaid when due, after demand2-2
therefor has been made.2-3
The rate must be adjusted accordingly on each January 1 and July 12-4
thereafter until the judgment is satisfied.2-5
2. The provisions of this section do not apply to money owed:2-6
(a) For the construction or remodeling of a building pursuant to NRS2-7
624.325; or2-8
(b) By a contractor to his subcontractor pursuant to NRS 624.326.~