Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1026 (2026)

Garnishee; answer; interrogatories; filing fee; costs

✓ current as of July 2026
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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 therein 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.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1996–2023 · leading case: Spaghetti Ltd. P'ship v. Wolfe, 647 N.W.2d 615 (Neb. 2002).
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Spaghetti Ltd. P'ship v. Wolfe, 647 N.W.2d 615 (Neb. 2002). · cites it 5× “; Neb. Rev. Stat. §§ 25-1026 to 25-1031.01 (Reissue 1995); § 25-1558.”
Florence Lake Investments v. Berg, 978 N.W.2d 308 (Neb. 2022). · cites it 5× “19 See Neb. Rev. Stat. §§ 25-1026 and 25-1056 (Reissue 2016).”
Torrison Ex Rel. Torrison v. Overman, 549 N.W.2d 124 (Neb. 1996). · cites it 4× “Neb.Rev.Stat. § 25-1026 (Reissue 1995). If the garnishee's answers are not satisfactory to the plaintiff, the plaintiff may file an application for determination of the garnishee's liability.”
ML Manager v. Jensen, 287 Neb. 171 (Neb. 2014). · cites it 3× “Neb. Rev. Stat. § 25-1026 (Reissue 2008) explains how the garnishee should answer the interrogatories and states: The garnishee shall answer, under oath, all the inter- rogatories put to him touching the property of every description and credits of the defendant in his…”
Myers v. Christensen, 776 N.W.2d 201 (Neb. 2009). · cites it 2× “[5] Neb.Rev.Stat. § 25-1026 (Reissue 2008). [6] Neb.”
Lee Sapp Leasing, Inc. v. Ciao Caffe & Espresso, Inc., 640 N.W.2d 677 (Neb. Ct. App. 2002). · cites it 2× “§ 25-1028 (Reissue 1995) provides that “[i]f the garnishee fails to answer, as required by section 25-1026, he shall be presumed to be indebted to the defendant in the fall amount of the claim of plaintiff.”
Petersen v. Cent. Park Props., Inc., 745 N.W.2d 884 (Neb. 2008). · cites it 2× “Neb.Rev.Stat. § 25-1026 (Reissue 1995). If the garnishee fails to answer the interrogatories, it is presumed that the garnishee is indebted to the judgment debtor in the full amount of the claim of the judgment creditor.”
Int'l Bhd. of Elec. Workers Local Union No. 22 v. Langer Elec. Co., Inc. (D. Neb. 2023). · cites it 16× “Neb. Rev. Stat. § 25-1026 . “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 service upon him or her.”
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