State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-1011

25-1011. Garnishment; service upon garnishee;forms; notice; hearing.(1) The summons and order of garnishmentand the interrogatories in duplicate, a notice to judgment debtor form, anda request for hearing form shall be served upon the garnishee in the mannerprovided for service of a summons in a civil action.(2) The judgment creditor or his or her agent or attorney shall sendto the judgment debtor by certified mail to the last-known address of thejudgment debtor a copy of the summons and order of garnishment, a notice tojudgment debtor form, and a request for hearing form within seven businessdays after issuance by the courtand shall certify in writing to the court the date of the mailing.(3) The Supreme Court by rule of court shall promulgate uniform garnishmentforms for use in all courts in this state. The forms shall include the summons andorder of garnishment, the garnishment interrogatories, a notice to judgmentdebtor 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 arefrom certain government benefits and other sources;(b) That wages are exempt up to a certain level and the amount thatcan be garnished varies if the judgment debtor is the head of a family;(c) That if the judgment debtor believes the court should not allowa garnishment either because the funds sought are exempt or because the amountis not owed on the judgment, the judgment debtor is entitled to a hearingwithin ten days after a request by the judgmentdebtor 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 fillingout the request for hearing form and file the form with the court within threebusiness days after receipt of the noticeto 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. SourceR.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.Effective Date: July 15, 2010AnnotationsThis section not applicable when garnishee is a foreign insurance company which has complied with statutory provisions to obtain certificate of authority to do business. Pupkes v. Sailors, 183 Neb. 784, 164 N.W.2d 441 (1969).Cannot serve nonresident or firm not doing business in state; service on person in possession. Mathews, Tootle & Maule v. Smith & Crittenden, 13 Neb. 178, 12 N.W. 821 (1882).