(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.
Notes of Decisions
Shawn E. ex rel. Grace E. v. Diane S., 912 N.W.2d 920 (Neb. 2018).
· cites it 6× “Because we conclude that a substantial right is not affected until judgment is entered in the garnishment, an appeal must wait.”
Friedman v. Friedman, 863 N.W.2d 153 (Neb. 2015).
· cites it 4× “Friedman also asked that the court quash the garnishment on the grounds that Roggentine had failed to (1) notify the clerk of his proper address when filing the foreign judgment, (2) mail the notice of the garnishment by certified mail to his correct address, and (3) certify to…”
Watts v. Watts, 547 N.W.2d 466 (Neb. 1996).
· cites it 8× “Neb. Rev. Stat. § 25-1011 (1) and (2) (Reissue 1995) requires that notice be served upon the judgment debtor when a garnishment summons and interrogatories are served upon the garnishee.”
Shawn E. v. Diane S., 300 Neb. 289 (Neb. 2018).
· cites it 6× “INTRODUCTION As a matter of first impression, we consider whether a judg- ment debtor who, using the procedure specified in Neb. Rev. Stat. § 25-1011 (Reissue 2016), unsuccessfully objects to a garnishment may immediately appeal.”
W. Ethanol Co. v. Midwest Renewable Energy, 938 N.W.2d 329 (Neb. 2020).
· cites it 2× “16 The order appealed from did not authorize execution of a garnishment, did not affect a substantial right, and was not a final, appealable order.17 Therefore, the existence of appellate jurisdiction turns on whether the order appealed from here authorized seizure of Midwest…”
Spaghetti Ltd. P'ship v. Wolfe, 647 N.W.2d 615 (Neb. 2002).
· cites it 2× “As garnishee, the person or business owing money to the judgment debtor must answer written interrogatories furnished by the garnishor to establish whether the garnishee holds any property or money belonging to or owed to the judgment debtor.”
ML Manager v. Jensen, 842 N.W.2d 566 (Neb. 2014).
· cites it 2× “Neb. Rev. Stat. § 25-1011 (1) (Cum. Supp.”
Florence Lake Investments v. Berg, 978 N.W.2d 308 (Neb. 2022).
“43 But if the garnishee does not pay the funds into court and the garnishor is not satisfied with the garnishee’s answers to the interrogatories, the garnishor may file an application to determine the liability of the garnishee, and “‘may allege facts showing the existence of…”
Gen. Serv. Bureau, Inc. v. Moller, 672 N.W.2d 41 (Neb. Ct. App. 2003).
· cites it 3× “01 (“notice shall be given within such time and in such manner as the court shall direct”) is different from the wording used in Neb. Rev. Stat. § 25-1011 (1) (Reissue 1995), dealing with the initial garnishment, which provides that “[t]he summons and order of garnishment and…”
Pupkes v. Sailors, 164 N.W.2d 441 (Neb. 1969).
· cites it 4× “Garnishee filed a special appearance contesting the right of plaintiff to issue a garnishment summons in Richardson County, to be served in Lancaster County on the Director of Insurance rather than on the president or other officer of garnishee, contrary to section 25-1011, R.…”
Neb. Rev. Stat. § 25-1011(1): 3 cases
Friedman v. Friedman, 863 N.W.2d 153 (Neb. 2015).
“Friedman also asked that the court quash the garnishment on the grounds that Roggentine had failed to (1) notify the clerk of his proper address when filing the foreign judgment, (2) mail the notice of the garnishment by certified mail to his correct address, and (3) certify to…”
Watts v. Watts, 547 N.W.2d 466 (Neb. 1996).
“Neb. Rev. Stat. § 25-1011 (1) and (2) (Reissue 1995) requires that notice be served upon the judgment debtor when a garnishment summons and interrogatories are served upon the garnishee.”
Gen. Serv. Bureau, Inc. v. Moller, 672 N.W.2d 41 (Neb. Ct. App. 2003).
“01 (“notice shall be given within such time and in such manner as the court shall direct”) is different from the wording used in Neb. Rev. Stat. § 25-1011 (1) (Reissue 1995), dealing with the initial garnishment, which provides that “[t]he summons and order of garnishment and…”
Neb. Rev. Stat. § 25-1011(2): 1 case
Neb. Rev. Stat. § 25-1011(3): 1 case
Neb. Rev. Stat. § 25-1011(4)(c): 2 cases
Watts v. Watts, 547 N.W.2d 466 (Neb. 1996).
“Neb. Rev. Stat. § 25-1011 (1) and (2) (Reissue 1995) requires that notice be served upon the judgment debtor when a garnishment summons and interrogatories are served upon the garnishee.”
Neb. Rev. Stat. § 25-1011(5): 1 case
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