§ 25-1564 — Property of debtor other than lands and chattels subject to payment of judgment

Nebraska § 25-1564

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

Text

Where a judgment debtor has not personal or real property subject to levy on execution, sufficient to satisfy the judgment, any interest which he may have in any banking, turnpike, bridge, or other joint-stock company, or any interest he may have in any money, contracts, claims or choses in action, due or to become due to him, or in any judgment or decree, or any money, goods or effects which he may have in possession of any person, body politic or corporate, shall be subject to the payment of such judgment by proceedings in equity, or as in this chapter prescribed.

Legislative History

Source: R.S.1867, Code § 532, p. 486; R.S.1913, § 8111; C.S.1922, § 9047; C.S.1929, § 20-1565; R.S.1943, § 25-1564. Annotations: 1. Scope 2. Proceeding 1. Scope This section authorizes a creditor's bill in Nebraska. Doksansky v. Norwest Bank Neb., N.A., 260 Neb. 100, 615 N.W.2d 104 (2000). This and succeeding sections provide remedy where discovery of property of judgment debtor is sought through evidence from others than a garnishee. Orchard & Wilhelm Co. v. North, 125 Neb. 723, 251 N.W. 895 (1933). Where creditor has exhausted legal remedies he may proceed in equity to reach interest of debtor in corporation. Fuchs v. Chambers, 89 Neb. 538, 131 N.W. 975 (1911). This section does not supersede remedy in equity. First Nat. Bank of Plattsmouth v. Gibson, 69 Neb. 21, 94 N.W. 965 (1903). This section takes place of bill of discovery. Clarke v. Nebraska Nat. Bank, 49 Neb. 800, 69 N.W. 104 (1896). 2. Proceeding Any interest a judgment debtor may have in any money or choses in action due, or to become due, is subject to the payment of the judgment against him. Emerson-Brantingham Implement Co. v. Hallgren, 146 Neb. 530, 20 N.W.2d 501 (1945). In proceedings in aid of execution, the judgment creditor proceeds directly against the debtor, citing him into court for an examination of his assets. Live Stock Nat. Bank v. Jackson, 137 Neb. 161, 288 N.W. 515 (1939). Creditors suit is proper to impress a lien upon distributive share of judgment debtor in decedent's estate in process of administration. Fremont Farmers Union Coop. Assn. v. Markussen, 136 Neb. 567, 286 N.W. 784 (1939). Proceedings in aid of execution afford ample remedy to judgment creditor where debtor makes false affidavit and procures release, as exempt, of property taken in execution; replevin is not proper remedy. France v. Larkin, 96 Neb. 365, 148 N.W. 86 (1914). Creditor must have had actionable demand against his debtor when suit commenced. German Nat. Bank of Hastings v. First Nat. Bank of Hastings, 59 Neb. 7, 80 N.W. 48 (1899). Equity court has power to subject to judgment property not reached by legal execution. Arlington State Bank v. Paulsen, 57 Neb. 717, 78 N.W. 303 (1899). Creditor's bill is still available; not entitled to jury trial therein. Monroe v. Reid, Murdock & Co., 46 Neb. 316, 64 N.W. 983 (1895).