reglab/housing_qa huggingface dataset:
NE Code § 25-1549 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1549 - Amercement; motion; notice; effect of entry; transmission of money.

25-1549.  Amercement; motion; notice; effect of entry; transmission of money.No sheriff shall forward by mail any money made on any such execution, unless he shall be specially instructed to do it by the plaintiff, his agent or attorney of record. In all cases of a motion to amerce a sheriff or other officer of any county other than the one from which the execution issued, notice in writing shall be given to such officer, as hereinbefore required, by leaving it with him, or at his office, at least fifteen days before the first day of the term at which such motion shall be made, or by transmitting the notice by mail at least sixty days prior to the first day of the term at which such motion shall be made. All amercements, so procured, shall be entered on the record of the court, and shall have the same force and effect as a judgment.Source   R.S.1867, Code § 517, p. 483;   R.S.1913, § 8096;   C.S.1922, § 9032;   C.S.1929, § 20-1550;   R.S.1943, § 25-1549.
NE Code § 25-1550 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1550 - Amercement; judgment; liability of sureties; execution.

25-1550.  Amercement; judgment; liability of sureties; execution.Every surety of any sheriff or other officer may be made a party to the judgment rendered as aforesaid, against the sheriff or other officer, by action, to be commenced and prosecuted as in other cases. But the goods and chattels, lands and tenements of any such surety shall not be liable to be taken on execution, when sufficient goods and chattels, lands and tenements of the sheriff or other officer, against whom execution may be issued, can be found to satisfy the same. Nothing herein contained shall prevent either party from proceeding against such sheriff or other officer by attachment, at his election.Source   R.S.1867, Code § 518, p. 483;   R.S.1913, § 8097;   C.S.1922, § 9033;   C.S.1929, § 20-1551;   R.S.1943, § 25-1550.
NE Code § 25-1551 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1551 - Amercement; execution on original judgment; rights of officer.

25-1551.  Amercement; execution on original judgment; rights of officer.In cases where a sheriff or other officer may be amerced, and shall not have collected the amount of the original judgment, he shall be permitted to sue out an execution, and collect the amount of said judgment in the name of the original plaintiff, for his own use.Source   R.S.1867, Code § 519, p. 483;   R.S.1913, § 8098;   C.S.1922, § 9034;   C.S.1929, § 20-1552;   R.S.1943, § 25-1551.
NE Code § 25-1553 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1553 - Federal or state earned income tax credit refund; when exempt.

25-1553.  Federal or state earned income tax credit refund; when exempt.In bankruptcy and in the collection of a money judgment, the full amount of any federal or state earned income tax credit refund shall be exempt from attachment, garnishment, or other legal or equitable process and from all claims of creditors.Source Laws 2004, LB 1207, § 6.
NE Code § 25-1555 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1555 - Exemptions; not applicable to tax sales.

25-1555.  Exemptions; not applicable to tax sales.Nothing in this chapter shall be considered as exempting any real or personal property from levy and sale for taxes.Source   R.S.1867, Code § 524, p. 484;   R.S.1913, § 8102;   C.S.1922, § 9038;   C.S.1929, § 20-1556;   R.S.1943, § 25-1555. Annotations  This section applies only to property of private persons or corporations, and not to that of the state or its governmental subdivisions. Madison County v. School Dist. No. 2 of Madison County, 148 Neb. 218, 27 N.W.2d 172 (1947). There is no exemption of any class or kind of personalty from distress or seizure for taxes except as specifically provided for by statute. Ryder v. Livingston, 145 Neb. 862, 18 N.W.2d 507 (1945). United States is not entitled to object to exemption allowed bankrupt on ground that state taxes were not paid. United States v. Bernstein, 16 F.2d 233 (8th Cir. 1926).
NE Code § 25-1557 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1557 - Actions in which exemptions limited or not allowed.

25-1557.  Actions in which exemptions limited or not allowed.Nothing in this chapter shall be so construed as to exempt any property in this state from execution or attachment for unpaid wages; for money due and owing by an attorney at law for money or other valuable consideration received by such attorney for any person or persons; or for enforcement of an award of or judgment for child support, alimony, or maintenance or a judgment for property division awarded to a former spouse.Source   R.S.1867, Code § 531, p. 486;   Laws 1869, § 1, p. 66;   Laws 1887, c. 95, § 1, p. 649;   R.S.1913, § 8104;   C.S.1922, § 9040;   C.S.1929, § 20-1558;   R.S.1943, § 25-1557;   Laws 1977, LB 60, § 3;   Laws 1997, LB 372, § 3.  Annotations  Judgment need not disclose nature of claim. Shreck v. Gilbert, 52 Neb. 813, 73 N.W. 276 (1897). This section is not applicable to property exempt by homestead laws. Money due independent contractor is not "wages." Fox v. McClay, 48 Neb. 820, 67 N.W. 888 (1896). Money due contractor furnishing his own and other labor is not exempt as wages. Henderson v. Nott, 36 Neb. 154, 54 N.W. 87 (1893). "Necessaries of life" do not include goods furnished boarding house. Lehnoff v. Fisher, 32 Neb. 107, 48 N.W. 821 (1891). Laborers' wages were exempt. Snyder v. Brune, 22 Neb. 189, 34 N.W. 364 (1887). Proviso in this section does not limit value of specific property exemption under preceding section. Clay Center Bank v. McKelvie, 19 F.2d 308 (8th Cir. 1927).
NE Code § 25-1559 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1559 - Pensions of disabled soldiers and sailors; property purchased therewith; limit.

25-1559.  Pensions of disabled soldiers and sailors; property purchased therewith; limit.In addition to the exemptions otherwise provided for, there shall also be exempt from levy and sale upon execution or attachment, to every resident of the State of Nebraska, who became disabled in the service of the United States as a soldier, sailor or marine, all pension money hereafter received and all property hereafter purchased and improved exclusively therewith, not exceeding two thousand dollars in value, of and belonging to such soldier, sailor or marine.Source   Laws 1887, c. 101, § 1, p. 656;   R.S.1913, § 8106;   C.S.1922, § 9042;   C.S.1929, § 20-1560;   R.S.1943, § 25-1559. Annotations Pension money is exempt, and exemption covers property bought therewith, exchanged, and increase up to two thousand dollars. Dargan v. Williams, 66 Neb. 1, 91 N.W. 862 (1902).
NE Code § 25-1560 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1560 - Exempt wages; interstate business; attachment or garnishment by method to avoid exemption laws; unlawful.

25-1560.  Exempt wages; interstate business; attachment or garnishment by method to avoid exemption laws; unlawful.It is hereby declared unlawful for any creditor of, or other holder of any evidence of debt, book account, or claim of any name or nature against any laborer, servant, clerk, or other employee, of any corporation, firm or individual in this state engaged in interstate business, for the purpose below stated, to sell, assign, transfer, or by any means dispose of any such claim, book account, bill, or debt of any name or nature whatever, to any person or persons, firm, corporation or institution, or to institute, in this state or elsewhere, or prosecute any suit or action for any such claim or debt against any such laborer, servant, clerk or employee by any process seeking to seize, attach, or garnish the wages of such person or persons earned within sixty days prior to the commencement of such proceeding, for the purpose of avoiding the effect of the laws of the State of Nebraska concerning exemptions.Source   Laws 1889, c. 25, § 1, p. 369;   R.S.1913, § 8107;   C.S.1922, § 9043;   C.S.1929, § 20-1561;   R.S.1943, § 25-1560. Annotations  Nonresident cannot claim benefits of this and following sections. McCormack v. Tincher, 77 Neb. 857, 110 N.W. 547 (1906). Act, of which this section was part, is constitutional. Gordon Bros. v. Wageman, 77 Neb. 185, 108 N.W. 1067 (1906). Foreign corporations are subject to operation of act; exemption laws where wages earned apply. Singer Mfg. Co. v. Fleming, 39 Neb. 679, 58 N.W. 226 (1894).
NE Code § 25-1561 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1561 - Exempt wages; interstate business; law violation; aiders; abettors.

25-1561.  Exempt wages; interstate business; law violation; aiders; abettors.It is hereby declared unlawful for any person or persons to aid, assist, abet or counsel a violation of section 25-1560, for any purpose whatever.Source   Laws 1889, c. 25, § 2, p. 370;   R.S.1913, § 8108;   C.S.1922, § 9044;   C.S.1929, § 20-1562;   R.S.1943, § 25-1561.
NE Code § 25-1562 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1562 - Exempt wages; interstate business; violation of sections; evidence.

25-1562.  Exempt wages; interstate business; violation of sections; evidence.In any proceeding, civil or criminal, growing out of a breach of sections 25-1560 and 25-1561 or either of them, proof of the institution of a suit or service of garnishment summons by any person, firm or individual, in any court of any state, or territory, other than this state, or in this state to seize by process of garnishment or otherwise, any of the wages of such persons as defined in section 25-1560 shall be deemed prima facie evidence of an evasion of the laws of the State of Nebraska and a breach of the provisions of such sections on the part of the creditor or resident in Nebraska causing the same to be done.Source   Laws 1889, c. 25, § 3, p. 370;   R.S.1913, § 8109;   C.S.1922, § 9045;   C.S.1929, § 20-1563;   R.S.1943, § 25-1562. Annotations  Principal is not liable for unauthorized suit by agent. Satterlee v. First Nat. Bank of Columbus, 78 Neb. 691, 111 N.W. 591 (1907). Suit by assignee is prima facie evidence in action against assignor; rebuttal. Gordon Bros. v. Wageman, 77 Neb. 185, 108 N.W. 1067 (1906). Good faith of assignor is question for jury. Karnes v. Dovey, 53 Neb. 725, 74 N.W. 311 (1898).
NE Code § 25-1563 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1563 - Exempt wages; interstate business; violation; penalty.

25-1563.  Exempt wages; interstate business; violation; penalty.Any persons, firm, company, corporation or business institution guilty of a violation of section 25-1560 or 25-1561, shall be liable to the party injured through such violation thereof for the amount of the debt sold, assigned, transferred, garnished or sued upon with all costs and expenses and reasonable attorney's fee, to be recovered in any court of competent jurisdiction in this state, and shall further be guilty of a Class IV misdemeanor.Source   Laws 1889, c. 25, § 4, p. 370;   R.S.1913, § 8110;   C.S.1922, § 9046;   C.S.1929, § 20-1564;   R.S.1943, § 25-1563;   Laws 1977, LB 40, § 100.  Annotations  Debtor, to claim benefit of act, must have residence in this state. Corliss v. Plano Mfg. Co., 80 Neb. 366, 114 N.W. 413 (1907). Petition was sufficient to state cause of action under this section. Gordon Bros. v. Wageman, 77 Neb. 185, 108 N.W. 1067 (1906). Section is constitutional; must allege plaintiff is head of family and wages are exempt. State ex rel. Green v. Power, 63 Neb. 496, 88 N.W. 769 (1902).
NE Code § 25-1563.01 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1563.01 - Stock, pension, or similar plan or contract; exempt from certain process; when.

25-1563.01.  Stock, pension, or similar plan or contract; exempt from certain process; when.In bankruptcy and in the collection of a money judgment, the following benefits shall be exempt from attachment, garnishment, or other legal or equitable process and from all claims of creditors: To the extent reasonably necessary for the support of the debtor and any dependent of the debtor, an interest held under a stock bonus, pension, profit-sharing, or similar plan or contract payable on account of illness, disability, death, age, or length of service unless:(1) Within two years prior to bankruptcy or to entry against the individual of a money judgment which thereafter becomes final, such plan or contract was established or was amended to increase contributions by or under the auspices of the individual or of an insider that employed the individual at the time the individual's rights under such plan or contract arose; or(2) Such plan or contract does not qualify under section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code.For purposes of this section, unless the context otherwise requires, insider shall have the meaning provided in 11 U.S.C. 101.Source   Laws 1987, LB 335, § 4;   Laws 1995, LB 574, § 38;  Laws 1999, LB 23, § 1.  Annotations Individual Retirement Accounts are generally protected from attachment and garnishment to the extent the funds contained therein are reasonably necessary for the support of the debtor or any dependent of the debtor. Novak v. Novak, 245 Neb. 366, 513 N.W.2d 303 (1994).
NE Code § 25-1563.02 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1563.02 - Lump-sum settlement; structured settlement; exempt from certain process; when.

25-1563.02.  Lump-sum settlement; structured settlement; exempt from certain process; when.(1) Except as provided in subsection (2) of this section, all proceeds and benefits, including interest earned thereon, which are paid either in a lump sum or are accruing under any structured settlement providing periodic payments, which lump-sum settlement or periodic payments are made as compensation for personal injuries or death, shall be exempt from attachment, garnishment, or other legal or equitable process and from all claims of creditors of the beneficiary or the beneficiary's surviving dependents unless a written assignment to the contrary has been obtained by the claimant.(2) All proceeds and benefits, including interest earned thereon, which are paid for personal injuries may be garnished by a county attorney or authorized attorney pursuant to section 43-512.03 or garnished for child support as defined in section 43-1705 by an obligee as defined in section 43-1713.Source   Laws 1987, LB 335, § 5;   Laws 1993, LB 118, § 1;   Laws 1994, LB 1224, § 37.
NE Code § 25-1564 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1564 - Property of debtor other than lands and chattels subject to payment of judgment.

25-1564.  Property of debtor other than lands and chattels subject to payment of judgment.Where a judgment debtor has not personal or real property subject to levy on execution, sufficient to satisfy the judgment, any interest which he may have in any banking, turnpike, bridge, or other joint-stock company, or any interest he may have in any money, contracts, claims or choses in action, due or to become due to him, or in any judgment or decree, or any money, goods or effects which he may have in possession of any person, body politic or corporate, shall be subject to the payment of such judgment by proceedings in equity, or as in this chapter prescribed.Source   R.S.1867, Code § 532, p. 486;   R.S.1913, § 8111;   C.S.1922, § 9047;   C.S.1929, § 20-1565;   R.S.1943, § 25-1564. Annotations  1. Scope 2. Proceeding 1. Scope This section authorizes a creditor's bill in Nebraska. Doksansky v. Norwest Bank Neb., N.A., 260 Neb. 100, 615 N.W.2d 104 (2000). This and succeeding sections provide remedy where discovery of property of judgment debtor is sought through evidence from others than a garnishee. Orchard & Wilhelm Co. v. North, 125 Neb. 723, 251 N.W. 895 (1933). Where creditor has exhausted legal remedies he may proceed in equity to reach interest of debtor in corporation. Fuchs v. Chambers, 89 Neb. 538, 131 N.W. 975 (1911). This section does not supersede remedy in equity. First Nat. Bank of Plattsmouth v. Gibson, 69 Neb. 21, 94 N.W. 965 (1903). This section takes place of bill of discovery. Clarke v. Nebraska Nat. Bank, 49 Neb. 800, 69 N.W. 104 (1896). 2. Proceeding Any interest a judgment debtor may have in any money or choses in action due, or to become due, is subject to the payment of the judgment against him. Emerson-Brantingham Implement Co. v. Hallgren, 146 Neb. 530, 20 N.W.2d 501 (1945). In proceedings in aid of execution, the judgment creditor proceeds directly against the debtor, citing him into court for an examination of his assets. Live Stock Nat. Bank v. Jackson, 137 Neb. 161, 288 N.W. 515 (1939). Creditors suit is proper to impress a lien upon distributive share of judgment debtor in decedent's estate in process of administration. Fremont Farmers Union Coop. Assn. v. Markussen, 136 Neb. 567, 286 N.W. 784 (1939). Proceedings in aid of execution afford ample remedy to judgment creditor where debtor makes false affidavit and procures release, as exempt, of property taken in execution; replevin is not proper remedy. France v. Larkin, 96 Neb. 365, 148 N.W. 86 (1914). Creditor must have had actionable demand against his debtor when suit commenced. German Nat. Bank of Hastings v. First Nat. Bank of Hastings, 59 Neb. 7, 80 N.W. 48 (1899). Equity court has power to subject to judgment property not reached by legal execution. Arlington State Bank v. Paulsen, 57 Neb. 717, 78 N.W. 303 (1899). Creditor's bill is still available; not entitled to jury trial therein. Monroe v. Reid, Murdock & Co., 46 Neb. 316, 64 N.W. 983 (1895).
NE Code § 25-1565 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1565 - Discovery of property of debtor; order to appear and answer.

25-1565.  Discovery of property of debtor; order to appear and answer.At any time after the entry of judgment against the judgment debtor, or one of several debtors in the same action, the judgment creditor is entitled to an order from the county court or the district court of the county (1) in which the debtor resides, (2) if the debtor does not reside in the state, where judgment was rendered, or (3) in which a transcript of judgment has been filed, requiring the debtor to appear and answer concerning his or her property before the judge of such court or a referee appointed by the judge of such court at a time and place specified in the order within the county to which the order was issued.Source   R.S.1867, Code § 533, p. 487;   R.S.1913, § 8112;   C.S.1922, § 9048;   C.S.1929, § 20-1566;   R.S.1943, § 25-1565;   Laws 1972, LB 1032, § 134;   Laws 1992, LB 1059, § 11;  Laws 2004, LB 1207, § 7.  Annotations  Provisions of the code pertaining to compulsory discovery do not relate to the subject of pleading. Marshall v. Rowe, 126 Neb. 817, 254 N.W. 480 (1934). Making of order is authorized only after return of execution unsatisfied. Clarke v. Nebraska Nat. Bank, 57 Neb. 314, 77 N.W. 805 (1899). Proceedings in aid of execution were designed to take the place of bill of discovery. Clarke v. Nebraska Nat. Bank, 49 Neb. 800, 69 N.W. 104 (1896). Execution must issue to lay foundation for contempt proceedings. Hawthorne v. State, 45 Neb. 871, 64 N.W. 359 (1895). Affidavit is unnecessary to obtain order; it is sufficient if execution is returned unsatisfied. English v. Smith, 1 Neb. Unof. 670, 96 N.W. 60 (1901).
NE Code § 25-1566 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1566 - Discovery of property of debtor; warrant for arrest; examination; undertaking; punishment for contempt.

25-1566.  Discovery of property of debtor; warrant for arrest; examination; undertaking; punishment for contempt.Instead of the order requiring the attendance of the judgment debtor, as provided in section 25-1565, the judge may, upon proof to his satisfaction by affidavit of the party or otherwise, that there is danger of the debtor leaving the state or concealing himself to avoid the examination herein mentioned, issue a warrant, requiring the sheriff to arrest him and bring him before such judge within the county in which the debtor may be arrested. Such warrant can be issued only by a county judge or a judge of the district court of the county in which such debtor resides or may be arrested. Upon being brought before the judge, he shall be examined on oath, and other witnesses may be examined on either side, and if on such examination it appears that there is danger of the debtor leaving the state, and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking, in such sum as the judge may prescribe, with one or more sureties, that he will from time to time attend for examination before the judge or referee as shall be directed. In default of entering into such undertaking, he may be committed to the jail of the county by warrant of the judge, as for a contempt.Source   R.S.1867, Code § 535, p. 487;   R.S.1913, § 8114;   C.S.1922, § 9050;   C.S.1929, § 20-1568;   R.S.1943, § 25-1566. Annotations  Intention to leave state alone is insufficient; but danger that citation will not be obeyed, is ground. Bank of Miller v. Richmon, 68 Neb. 731, 94 N.W. 998 (1903). Affidavit upon information and belief is insufficient. Clarke v. Nebraska Nat. Bank, 57 Neb. 314, 77 N.W. 805 (1899).
NE Code § 25-1567 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1567 - Discovery of property of debtor; examination; debtor's incriminating answers; not privileged; immunity.

25-1567.  Discovery of property of debtor; examination; debtor's incriminating answers; not privileged; immunity.No person shall, on examination pursuant to sections 25-1564 to 25-1580, be excused from answering any question on the ground that his examination will tend to convict him of a fraud, but his answer shall not be used as evidence against him in a prosecution for such fraud.Source   R.S.1867, Code § 536, p. 488;   R.S.1913, § 8115;   C.S.1922, § 9051;   C.S.1929, § 20-1569;   R.S.1943, § 25-1567.
NE Code § 25-1568 (2021)
2021 Nebraska Revised Statutes|Chapter 25 - Courts; Civil Procedure|25-1568 - Execution; satisfaction; payment by debtors of judgment debtor.

25-1568.  Execution; satisfaction; payment by debtors of judgment debtor.After the issuing of execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so paid or directed to be credited by the judgment creditor on the execution.Source   R.S.1867, Code § 537, p. 488;   R.S.1913, § 8116;   C.S.1922, § 9052;   C.S.1929, § 20-1570;   R.S.1943, § 25-1568. Annotations This section relates to examination of the judgment debtor's debtor. Clarke v. Nebraska Nat. Bank, 57 Neb. 314, 77 N.W. 805 (1899).