§ 25-1011 — Garnishment; service upon garnishee; forms; notice; hearing

Nebraska § 25-1011

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

(1) The summons and order of garnishment
and the interrogatories in duplicate, a notice to 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.
(2) The judgment creditor or his or her agent or attorney 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 seven business
days after issuance by the court
and shall certify in writing to the court the date of the mailing.
(3) The Supreme Court by rule of court shall promulgate uniform garnishment
forms for use in all courts in this state. The forms shall include the summons and
order of garnishment, the garnishment interrogatories, a notice to judgment
debtor form, and a request for hearing form.
(4) The notice to judgment debtor form shall include the following information:
(a) That certain funds are exempt from garnishment if such funds are
from certain government benefits and other sources;
(b) That wages are exempt up to a certain level and the amount that
can be garnished varies if the judgment debtor is the head of a family;
(c) That if the judgment debtor believes the court should not allow
a garnishment either because the funds sought are exempt or because the amount
is not owed on the judgment, the judgment debtor is entitled to a hearing
within ten days after a request by the judgment
debtor to determine such issues; and
(d) That if the judgment debtor wishes a hearing as prescribed in subdivision
(c) of this subsection, the judgment debtor shall make a request by filling
out the request for hearing form and file the form with the court within three
business days after receipt of the notice
to judgment debtor form by the judgment debtor.
(5) If the judgment debtor in a garnishment proceeding requests a hearing,
the court shall grant the hearing within ten days of the request.

Legislative History

Source: R.S.1867, Code § 208, p. 427; R.S.1913, § 7742; C.S.1922, § 8686; C.S.1929, § 20-1011; R.S.1943, § 25-1011; Laws 1951, c. 67, § 2, p. 203; Laws 1955, c. 85, § 2, p. 255; Laws 1980, LB 597, § 7; Laws 1983, LB 447, § 39; Laws 1984, LB 845, § 23; Laws 1988, LB 1030, § 14; Laws 2010, LB1085, § 1. Annotations: No substantial right was affected where the judgment debtor unsuccessfully objected to a garnishment pursuant to this section. Shawn E. on behalf of Grace E. v. Diane S., 300 Neb. 289, 912 N.W.2d 920 (2018). This section not applicable when garnishee is a foreign insurance company which has complied with statutory provisions to obtain certificate of authority to do business. Pupkes v. Sailors, 183 Neb. 784, 164 N.W.2d 441 (1969). Cannot serve nonresident or firm not doing business in state; service on person in possession. Mathews, Tootle & Maule v. Smith & Crittenden, 13 Neb. 178, 12 N.W. 821 (1882).