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

Neb. Rev. Stat. § 25-1028 (2026)

Garnishee; failure to answer; presumption; judgment

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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If the garnishee fails to answer, as required by section 25-1026, he shall be presumed to be indebted to the defendant in the full amount of the claim of plaintiff. Upon notice to the garnishee given within such time and in such manner as the court shall direct, judgment may be entered for such amount as the court may find due from the garnishee.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1992–2022 · 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 17× “ASSIGNMENTS OF ERROR Spaghetti assigns, restated, that the district court erred in (1) determining that the presumption of indebtedness in Neb. Rev. Stat. § 25-1028 (Reissue 1995) is a rebuttable evidentiary presumption, (2) determining that the garnishee’s failure to timely…”
Miller v. Steichen, 682 N.W.2d 702 (Neb. 2004). · cites it 2× “Following a hearing, the district court entered a default judgment against Coregis on December 21, finding that pursuant to Neb. Rev. Stat. § 25-1028 [(Reissue 1995)], Garnishee, Coregis .”
Lee Sapp Leasing, Inc. v. Ciao Caffe & Espresso, Inc., 640 N.W.2d 677 (Neb. Ct. App. 2002). · cites it 4× “Neb. Rev. Stat. § 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.”
Florence Lake Investments v. Berg, 978 N.W.2d 308 (Neb. 2022). · cites it 2× “7 Therein, we stated: While it is well established that garnishment in aid of execution is a legal statutory remedy, we have not always been consistent in describing its nature.”
ML Manager v. Jensen, 842 N.W.2d 566 (Neb. 2014). · cites it 2× “Section 25-1030 states, in its entirety: If the garnishee appears and answers and his or her disclosure is not satisfactory to the plaintiff, or if he or she fails to comply with the order of the court, by delivering the property and paying the money owing into court, or giving…”
Marshall v. Marshall, 482 N.W.2d 1 (Neb. 1992). · cites it 3× “After Continental failed to answer the summons and interrogatories in the garnishment proceeding, the district court, on January 6, 1989, granted Cheryl a default judgment against Continental pursuant to Neb. Rev. Stat. § 25-1028 (Reissue 1989) (judgment based on garnishee’s…”
Petersen v. Cent. Park Props., Inc., 745 N.W.2d 884 (Neb. 2008). · cites it 4× “Neb.Rev.Stat. § 25-1028 (Reissue 1995). If the garnishee's answers to interrogatories are not satisfactory to the judgment creditor or if the garnishee does not comply with an order of the court by paying the money owed into the court, the judgment creditor may file an…”
Charles E. Roll v. Anderson, No. A-20-376 (Neb. Ct. App. Feb. 2, 2021). · cites it 2× “Central Park Properties, supra; § 25-1056(1). 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.”
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