Nebraska Statutes 25-1011. Garnishment; service upon garnishee;forms; notice; hearing
(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.
Terms Used In Nebraska Statutes 25-1011
- Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
- Attorney: shall mean attorney at law. See Nebraska Statutes 49-801
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
- Summons: Another word for subpoena used by the criminal justice system.
(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.
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.