Nebraska Procedural Requirements for Wage Garnishment

[Credit Expert]

Nebraska Procedural Requirements

After the issuing or return of an execution against property of the judgment debtor and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, within the county in which such person or corporation may be served with the order to answer, and answer concerning the same. The judge may also, in his discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem to him proper. Neb. Rev. Statute. _ 25-1569.

The judge may order any property of the judgment debtor, not exempt by law, in the hands of either himself or any other person or corporation, or due to the judgment debtor, to be applied towards the satisfaction of the judgment. Neb. Rev. Statute. _ 25-172. The judge may also, by order, appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor, in the same manner and with the like authority as if the appointment were made by the court. The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt by law, and any interference therewith. Neb. Rev. Statute. _ 25-1573.

In all cases when a judgment has been entered by any court of record and the judgment creditor has filed an affidavit setting forth the amount due on the judgment, interest, and costs in the office of the clerk of the court where the judgment has been entered and that he or she has good reason to and does believe that any person, partnership, limited liability company, or corporation, naming him, her, or it, has property of and is indebted to the judgment debtor, the clerk shall issue a summons which shall set forth the amount due on the judgment, interest, and costs as shown in the affidavit and require such person or entity to answer written interrogatories to be furnished by the plaintiff and to be attached to such summons. The summons shall be returnable within ten days from the date of its issuance and shall require the garnishee to answer within ten days from the date of issuance. Except when wages are involved, the garnishee shall hold the property of every description and the credits of the defendant in his or her possession or under his or her control at the time of the service of the summons and interrogatories until the further order of the court. Neb. Rev. Statute. _ 25-1056.

The garnishee shall answer, under oath, all the interrogatories put to him touching the property of every description and credits of the defendant in his possession or under his control at the time of the service of the summons and interrogatories, and he shall disclose truly the amount owing by him to the defendant, whether due or not, and, in case of a corporation, any stock there in held by or for the benefit of the defendant, at the time of the service of the summons and interrogatories. The fee for filing of answer may be taxed and collected in the same manner as other costs in such proceedings. Neb. Rev. Statute. _ 25-1026.

The summons and order of garnishment and the interrogatories in duplicate, a notice to the judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for service of a summons in a civil action. The judgment creditor shall send to the judgment debtor by certified mail to the last-known address of the judgment debtor a copy of the summons and order of garnishment, a notice to judgment debtor form, and a request for hearing form within three business days of issuance by the court and shall certify in writing to the court the date of mailing. Neb. Rev. Statute. _ 25-1011.

The party seeking garnishment shall advance the costs of transcripts and docketing the matter in the district court. The district court shall be entitled to the following fee in civil matters: For issuance of a writ of execution, restitution, garnishment, attachment, and examination in aid of execution, a fee of five dollars each. Neb. Rev. Statute. _ 25-1031.02.

Interest Rate at which Judgments Accrue

Judgment interest on decrees and judgments for the payment of money shall be fixed at a rate equal to one percentage point above the bond equivalent yield, as published by the Secretary of the Treasury of the United Statutees, of the average accepted auction price for the last auction of 52 week United Statutees Treasury bills in effect on the date of judgment. This interest rate shall not apply to an action founded upon an oral or written contract in which the parties have agreed to a rate of interest. Neb. Rev. Statute. _ 45103. Judgment interest shall accrue on decrees and judgments for the payment of money from the date of rendition of judgment until satisfaction of judgment. Neb. Rev. Statute. _ 45103.1.