reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1011 - Garnishment; service upon garnishee; forms; notice; hearing.

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.
(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.
Annotations
No substantial right was affected where the judgment debtor unsuccessfully objected to a garnishment pursuant to this section. Shawn E. on behalf of Grace E. v. Diane S., 300 Neb. 289, 912 N.W.2d 920 (2018).
This 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).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1012.01 - Garnishment; public officers and employees.

25-1012.01.
Garnishment; public officers and employees.
All provisions, including provisions for a continuing lien prescribed in section 25-1056, requirements, conditions, and exemptions of the garnishment laws of the State of Nebraska shall apply to all state, county, municipal, municipally owned corporation, township, and school district officers and employees to the same extent and effect as such laws apply under the existing statutes of the State of Nebraska to officers and employees of private corporations. Consent is hereby given for garnishment proceedings against the State of Nebraska and against all counties, townships, municipal corporations, municipally owned corporations, and school districts in the same manner and under the same procedure as is now provided by law for bringing such suits and proceedings against corporations and individuals. This section shall apply only in case it is sought to hold and apply the earnings of such officers and employees, which earnings have been earned or are to be earned by personal services rendered to the state or to any county, township, municipal corporation, municipally owned corporation, or school district.
Source
Laws 1980, LB 597, § 16;
Laws 1988, LB 1030, § 15.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1012.02 - Garnishment; public officers and employees; procedure; process; answer.

25-1012.02.
Garnishment; public officers and employees; procedure; process; answer.
Such proceedings may be brought against the State of Nebraska or any county, township, municipal corporation, municipally owned corporation, or school district as garnishee defendant, and process shall be served in the manner provided for service of a summons in a civil action, except that certified mail service may not be used. It shall be the duty of the garnishee defendant to answer any garnishment summons served under the provisions of this section and section 25-1012.01 in the same manner as is now provided by law for the answer of corporations, and such defendant shall abide the order of the court issuing the garnishment, with regard to paying into court any amount ordered, not in excess of the amount earned by the officer or employee garnished, to the date of the answer. Such defendant may submit a written answer by United States mail to the clerk of the court issuing the summons. Such answer in garnishment shall in addition to any other matters stated therein state the amount of money due the officer or employee whose earnings are sought to be held to the answer day as shown in such summons, but shall not include the amount of any check or warrant which has been drawn and signed at the time of the service of garnishment summons.
Source
Laws 1980, LB 597, § 17;
Laws 1984, LB 845, § 24.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1014 - Several attachments of same property; inventory and appraisement.

25-1014.
Several attachments of same property; inventory and appraisement.
Different attachments of the same property may be made by the same officer, and one inventory and appraisement shall be sufficient, and it shall not be necessary to return the same with more than one order.
Source
R.S.1867, Code § 209, p. 427;
R.S.1913, § 7743;
C.S.1922, § 8687;
C.S.1929, § 20-1014;
R.S.1943, § 25-1014.
Annotations
One appraisement is sufficient. Connelly and Duffy v. Edgerton and Miller, 22 Neb. 82, 34 N.W. 76 (1887).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1015 - Attached property; subsequent orders; procedure.

25-1015.
Attached property; subsequent orders; procedure.
When the property is under attachment, it shall be attached under subsequent orders as follows: (1) If it is real property, it shall be attached in the manner prescribed in section 25-1008; (2) if it is personal property, it shall be attached as in the hands of the officer and subject to any previous attachment; and (3) if the same person or corporation be made a garnishee, a copy of the order and notice shall be left with him in the manner prescribed in section 25-1011.
Source
R.S.1867, Code § 210, p. 427;
R.S.1913, § 7744;
C.S.1922, § 8688;
C.S.1929, § 20-1015;
R.S.1943, § 25-1015;
Laws 1959, c. 102, § 1, p. 425.
Annotations
Cannot levy subsequent orders after property is taken from control by replevin. Merrill v. Wedgwood, 25 Neb. 283, 41 N.W. 149 (1888).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1016 - Order of attachment; return; contents.

25-1016.
Order of attachment; return; contents.
The officer shall return upon every order of attachment what he or she has done under it. The return must show when and how the defendant was served, and the property attached and the time it was attached. When garnishees are served, their names and the time each was served must be stated. The officer shall also return with the order all undertakings given under it.
Source
R.S.1867, Code § 211, p. 427;
R.S.1913, § 7745;
C.S.1922, § 8689;
C.S.1929, § 20-1016;
R.S.1943, § 25-1016;
Laws 1980, LB 597, § 8.
Annotations
Return not describing appraisement is sufficient after judgment. Grebe v. Jones, 15 Neb. 312, 18 N.W. 81 (1883).
Irregular to permit amendment without showing, so as to release property. Griffith v. Short, 14 Neb. 259, 15 N.W. 335 (1883).
Return should state if redelivery bond was given, etc. Hilton v. Ross, 9 Neb. 406, 2 N.W. 862 (1879).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1018 - Attachment; receiver; appointment; oath; bond; accounting.

25-1018.
Attachment; receiver; appointment; oath; bond; accounting.
The court, or any judge thereof during vacation, may, on the application of the plaintiff and on good cause shown, appoint a receiver, who shall take an oath faithfully to discharge his duty, and shall give an undertaking to the State of Nebraska in such sum as the court or judge may direct and with such security as shall be approved by the clerk of the court for the faithful performance of his duty as such receiver, and to pay over all money, and account for all property which may come into his hands by virtue of his appointment, at such times and in such manner as the court may direct.
Source
R.S.1867, Code § 213, p. 428;
R.S.1913, § 7747;
C.S.1922, § 8691;
C.S.1929, § 20-1018;
R.S.1943, § 25-1018.
Cross References
For other bond provisions, see section 25-1084.
Annotations
Court may appoint receiver where garnishee abandons property to defendant. Northfield Knife Co. v. Shapleigh, 24 Neb. 635, 39 N.W. 788 (1888).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1019 - Attachment; receiver; powers and duties; actions by.

25-1019.
Attachment; receiver; powers and duties; actions by.
Such receiver shall take possession of all notes, due bills, books of account, accounts and all other evidences of debt, that have been taken by the sheriff or other officer as the property of the defendant in attachment, and shall proceed to settle and collect the same. For that purpose, he may commence and maintain actions in his own name as such receiver but in such actions no right of defense shall be impaired or affected.
Source
R.S.1867, Code § 214, p. 428;
R.S.1913, § 7748;
C.S.1922, § 8692;
C.S.1929, § 20-1019;
R.S.1943, § 25-1019.
Annotations
Accounts due defendant are subject to attachment. Sloan v. Thomas Mfg. Co., 58 Neb. 713, 79 N.W. 728 (1899).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1020 - Attachment; receiver; appointment; notice to debtors of defendant in attachment; effect.

25-1020.
Attachment; receiver; appointment; notice to debtors of defendant in attachment; effect.
Such receiver shall forthwith give notice of his appointment to the persons indebted to the defendant in attachment. The notice shall be written or printed, and shall be served on the debtor or debtors by copy personally or by copy left at the residence. From the date of such service the debtors shall stand liable to the plaintiff in attachment for the amount of money and credits in their hands, or due from them to the defendant in attachment, and shall account therefor to the receiver.
Source
R.S.1867, Code § 215, p. 428;
R.S.1913, § 7749;
C.S.1922, § 8693;
C.S.1929, § 20-1020;
R.S.1943, § 25-1020.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1021 - Attachment; receiver; reports; custody of property; duties.

25-1021.
Attachment; receiver; reports; custody of property; duties.
Such receiver shall, when required, report his proceedings to the court, and hold all money collected by him and property which may come into his hands subject to the order of the court.
Source
R.S.1867, Code § 216, p. 428;
R.S.1913, § 7750;
C.S.1922, § 8694;
C.S.1929, § 20-1021;
R.S.1943, § 25-1021.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1022 - Attachment; sheriff; powers when no receiver appointed; bond.

25-1022.
Attachment; sheriff; powers when no receiver appointed; bond.
When a receiver is not appointed by the court or a judge thereof, as provided in section 25-1018, the sheriff or other officer attaching the property shall have all the powers and perform all the duties of a receiver appointed by the court or judge, and may, if necessary, commence and maintain actions in his own name as such officer. He may be required to give security other than his official undertaking.
Source
R.S.1867, Code § 217, p. 428;
R.S.1913, § 7751;
C.S.1922, § 8695;
C.S.1929, § 20-1022;
R.S.1943, § 25-1022.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1023 - Attached property; preservation; sale; proceeds.

25-1023.
Attached property; preservation; sale; proceeds.
The court shall make proper orders for the preservation of the property during the pendency of the suit. It may direct the sale of property when, because of its perishable nature or the costs of keeping it, a sale will be for the benefits of the parties. In vacation, such sale may be ordered by the judge of the court. The sale shall be public, after such advertisement as is prescribed for the sale of like property on execution, and shall be made in such manner, and upon such terms of credit, with security, as the court or judge, having regard to the probable duration of the action, may direct. The proceeds, if collected by the sheriff, with all the money received by him from garnishees, shall be held and paid over by him under the same requirement and responsibilities of himself and sureties as are provided in respect to money deposited in lieu of bail.
Source
R.S.1867, Code § 218, p. 429;
R.S.1913, § 7752;
C.S.1922, § 8696;
C.S.1929, § 20-1023;
R.S.1943, § 25-1023.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1024 - Attachment; discharge; bond; effect; restitution of property or proceeds.

25-1024.
Attachment; discharge; bond; effect; restitution of property or proceeds.
(1) If the defendant, or any other person on his or her behalf, at any time before judgment, causes an undertaking to be executed to the plaintiff by one or more sureties resident in the county, to be approved by the court, in the amount of the plaintiff's claim as stated in his or her affidavit, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged and restitution made of any property taken under it or the proceeds thereof. Such undertaking shall also discharge the liability of a garnishee in such action for any property of the defendant in his or her hands.
(2) If the defendant presents to the court, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to insure satisfaction of the plaintiff's claim, the court may allow the undertaking to be executed by the defendant alone.
Source
R.S.1867, Code § 219, p. 429;
R.S.1913, § 7753;
C.S.1922, § 8697;
C.S.1929, § 20-1024;
R.S.1943, § 25-1024;
Laws 1980, LB 597, § 9.
Annotations
Upon dissolution of an attachment, ordinarily all property should be returned to the defendant. Ceres Fertilizer, Inc. v. Beekman, 209 Neb. 447, 308 N.W.2d 347 (1981).
Failure to return property upon order dissolving attachment may create liability on attachment bond. Schneider v. Daily, 148 Neb. 413, 27 N.W.2d 550 (1947).
After defendant in attachment proceedings has given "forthcoming" bond, he may move to dissolve attachment, but not if he gives "discharge" bond, because approval of same ipso facto discharges writ. Burnham-Munger-Root Dry Goods Co. v. Strahl, 102 Neb. 142, 166 N.W. 266 (1918).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1025 - Attachment; discharge; bond, how executed.

25-1025.
Attachment; discharge; bond, how executed.
The undertaking mentioned in subsection (1) of section 25-1024 may, in vacation, be executed in the presence of the sheriff having the order of attachment in his or her hands, or, after the return of the order, before the clerk, with the same effect as if executed in court, the sureties in either case to be approved by the officer before whom the undertaking is executed.
Source
R.S.1867, Code § 220, p. 429;
R.S.1913, § 7754;
C.S.1922, § 8698;
C.S.1929, § 20-1025;
R.S.1943, § 25-1025;
Laws 1980, LB 597, § 10.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1027 - Garnishee; payment into court; effect; costs.

25-1027.
Garnishee; payment into court; effect; costs.
A garnishee may pay the money owing to the defendant by him into court. He shall be discharged from liability to the defendant for any money so paid not exceeding the plaintiff's claim. He shall not be subjected to costs beyond those caused by his resistance of the claim against him; and if he disclose the property in his hands, or the true amount owing by him, and deliver or pay the same according to the order of the court, he shall be allowed his costs.
Source
R.S.1867, Code § 222, p. 430;
R.S.1913, § 7756;
C.S.1922, § 8700;
C.S.1929, § 20-1027;
R.S.1943, § 25-1027;
Laws 1951, c. 67, § 4, p. 204.
Annotations
Garnishee may pay money into court. Scott v. McDonald, 125 Neb. 803, 252 N.W. 323 (1934).
Where money is voluntarily paid into court by defendant's debtor upon attempted garnishment, court's order to apply it upon plaintiff's judgment will not be set aside because of insufficiency in garnishment proceeding. Ryan v. Bullion, 100 Neb. 705, 161 N.W. 167 (1916).
Payment into court in good faith protects garnishee though made before defendant was summoned. Scott v. Kirschbaum, 47 Neb. 331, 66 N.W. 443 (1896).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1028 - Garnishee; failure to answer; presumption; judgment.

25-1028.
Garnishee; failure to answer; presumption; judgment.
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.
Source
R.S.1867, Code § 223, p. 430;
R.S.1913, § 7757;
C.S.1922, § 8701;
C.S.1929, § 20-1028;
R.S.1943, § 25-1028;
Laws 1951, c. 67, § 5, p. 204.
Annotations
If the garnishee fails to answer interrogatories, it is presumed that the garnishee is indebted to the judgment debtor in the full amount of the judgment creditor's claim. This is a rebuttable presumption. Petersen v. Central Park Properties, 275 Neb. 220, 745 N.W.2d 884 (2008).
A presumption of indebtedness arising under this section is rebuttable. Spaghetti Ltd. Partnership v. Wolfe, 264 Neb. 365, 647 N.W.2d 615 (2002).
A notice did not inform the garnishee that if it failed to appear, default judgment would be taken against it. Lee Sapp Leasing v. Ciao Caffe & Espresso, Inc., 10 Neb. App. 948, 640 N.W.2d 677 (2002).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1029 - Garnishment; property; delivery into court; bond in lieu of delivery.

25-1029.
Garnishment; property; delivery into court; bond in lieu of delivery.
If the garnishee answers that, at the time of the service of the summons and interrogatories upon him or her, he or she was possessed of any property of the defendant or was indebted to him or her, the court may order the delivery of such property and the payment of the amount owing by the garnishee into court; or the court may permit the garnishee to retain the property or the amount owing, upon the execution of an undertaking to the plaintiff by one or more sufficient sureties to the effect that the amount shall be paid or the property forthcoming as the court may direct. If the garnishee presents to the court, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to insure that the amount owing by the garnishee shall be paid, or the property forthcoming, the court may allow the undertaking to be executed by the garnishee alone.
Source
R.S.1867, Code § 224, p. 430;
R.S.1913, § 7758;
C.S.1922, § 8702;
C.S.1929, § 20-1029;
R.S.1943, § 25-1029;
Laws 1951, c. 67, § 6, p. 204;
Laws 1959, c. 101, § 3, p. 423;
Laws 1980, LB 597, § 11.
Annotations
Where original judgment on which garnishment proceedings are based is made ineffective by bankruptcy of judgment debtor, the garnishment summons and power and rights thereunder cease; garnishee is released from liability on summons although court made no order. Savard v. Physicians Casualty Co., 124 Neb. 627, 247 N.W. 567 (1933).
In absence of fraud or collusion, no garnishable debt arises from contract for personal services paid for in advance. Salyers Auto Co. v. De Vore, 116 Neb. 317, 217 N.W. 94 (1927).
Where garnishment proceedings are void, money should be returned to garnishee. Yeiser v. Cathers, 73 Neb. 317, 102 N.W. 612 (1905).
Judgment debtor is liable to process of garnishment when the two actions are brought in the same court. Scott v. Rohman, 43 Neb. 618, 62 N.W. 46 (1895).
Garnishee, not making full disclosure, is liable over to creditor. Smith v. Ainscow, 11 Neb. 476, 9 N.W. 646 (1881).
Garnishee, not making full disclosure, defendant have judgment, if appeal is taken. Dolby v. Tingley, 9 Neb. 412, 2 N.W. 866 (1879).
Liability of garnishee is to be determined by status of fund when answer is taken. First Nat. Bank of Pawnee City v. Manning, 2 Neb. Unof. 3, 95 N.W. 1128 (1901).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1030.01 - Garnishee; application; notice; manner of service.

25-1030.01.
Garnishee; application; notice; manner of service.
Upon filing an application for determination of liability of the garnishee, the plaintiff shall give the garnishee and the defendant in the original action notice of the filing thereof and of the time and place of trial thereon. The notice shall be given within such time and in such manner as the court shall direct.
Source
Laws 1951, c. 67, § 8, p. 205.
Annotations
A notice of hearing for the determination of garnishee liability was given as required by this section where the county court entered an order setting the hearing on garnishee liability and requiring "due service" of the order on the parties, and notice of hearing as originally set and notice of continued hearing were sent to same address as the initial summons and garnishment interrogatories. General Serv. Bureau v. Moller, 12 Neb. App. 288, 672 N.W.2d 41 (2003).
This section does not require that notice of a garnishee liability hearing be given in a manner consistent with service of process on corporations. General Serv. Bureau v. Moller, 12 Neb. App. 288, 672 N.W.2d 41 (2003).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1030.02 - Garnishee; trial; liability; judgment.

25-1030.02.
Garnishee; trial; liability; judgment.
The trial of the determination of the liability of the garnishee shall be conducted the same as in a civil action. If it shall appear upon the trial of the liability of the garnishee that the garnishee was (1) indebted to the defendant, or (2) had any property or credits of the defendant, in his possession or under his control at the time of being served with the notice of garnishment, he shall be liable to the plaintiff, in case judgment is finally recovered by plaintiff against the defendant, to the full amount thereof, or to the amount of such indebtedness or property held by the garnishee. The plaintiff in such event may have a judgment against the garnishee (1) for the amount of money due from the garnishee to the defendant in the original action, or (2) for the delivery to the sheriff or to the clerk of the court of any property in the garnishee's hands belonging to the defendant in the original action within a time to be fixed by the court, or for the value of the same as fixed in the judgment if not delivered within the time fixed.
Source
Laws 1951, c. 67, § 9, p. 205.
Annotations
In determining the liability of a garnishee to a garnishor, the test is whether, as of the time the summons in garnishment was served, the facts would support a recovery by the garnishor's judgment debtor against the garnishee. Florence Lake Investments v. Berg, 312 Neb. 183, 978 N.W.2d 308 (2022).
In a trial pursuant to this section, a garnishee may present evidence to rebut a presumption of indebtedness arising under section 25-1028. Spaghetti Ltd. Partnership v. Wolfe, 264 Neb. 365, 647 N.W.2d 615 (2002).
The garnishee is not liable unless the defendant had a right of action against him for a legal demand due or to become due. In an action to determine the liability of the garnishee, the plaintiff has the burden to establish why the garnishee was liable to the defendant at the time notice of garnishment was served. Gerdes v. Klindt, 253 Neb. 260, 570 N.W.2d 336 (1997).
In determining the liability of a garnishee to a garnishor, the test is whether, as of the time the summons in garnishment was served, the facts would support a recovery by the garnishor's judgment debtor against the garnishee. Davis Erection Co. v. Jorgensen, 248 Neb. 297, 534 N.W.2d 746 (1995).
Material issues of fact in a contested garnishment proceeding are triable by jury unless waived. Christiansen v. Moore, 184 Neb. 818, 172 N.W.2d 620 (1969).
A garnishee is not liable to the plaintiff unless the judgment debtor had a right of action against the garnishee. Lee Sapp Leasing v. Ciao Caffe & Espresso, Inc., 10 Neb. App. 948, 640 N.W.2d 677 (2002).
Federal court would retain fund until state garnishment proceedings were completed. Globe & Rutgers Fire Ins. Co. v. Viele, 110 F.Supp. 889 (D. Neb. 1953).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1030.03 - Garnishment; ownership of property; intervention; trial.

25-1030.03.
Garnishment; ownership of property; intervention; trial.
Any person claiming ownership of any money or property sought to be reached in the possession or under the control of the garnishee as the property of the defendant in the original action may intervene in the garnishment proceedings by a suitable pleading and set up facts showing that the debt or the property with which it is sought to charge the garnishee is the property of such intervenor. The defendant in the original action may by a suitable pleading filed in the garnishment proceedings set up facts showing that the debt or the property with which it is sought to charge the garnishee is (1) exempt from execution, or (2) for any other reason is not liable for plaintiff's claim. If issue on such intervention or on such pleading by the defendant in the original action is joined by the plaintiff, it shall be tried with the issues as to the garnishee's liability. If such debt or property or any part thereof is found to be the property of the intervenor, or is found to be exempt or not liable, the garnishee shall be discharged as to that part which is exempt or not liable.
Source
Laws 1951, c. 67, § 10, p. 206.
Annotations
Trial of an issue of fact should be treated as a trial between a plaintiff and a defendant. Christiansen v. Moore, 184 Neb. 818, 172 N.W.2d 620 (1969).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1031 - Garnishee; final judgment; when rendered; effect; discharge by delivery of property; costs.

25-1031.
Garnishee; final judgment; when rendered; effect; discharge by delivery of property; costs.
Final judgment shall not be rendered against the garnishee until the action against the defendant in the original action has been determined. If in such action judgment be rendered for the defendant, the garnishee shall be discharged and recover costs. If the plaintiff shall recover against the defendant in the original action, and the garnishee shall deliver up all the property, money, and credits of the defendant in his possession and pay all the money from him due as the court may order, the garnishee shall be discharged, and the costs of the proceedings against him shall be paid out of the property and money so surrendered, or as the court may think right and proper.
Source
R.S.1867, Code § 226, p. 431;
R.S.1913, § 7760;
C.S.1922, § 8704;
C.S.1929, § 20-1031;
R.S.1943, § 25-1031;
Laws 1951, c. 67, § 11, p. 206.
Annotations
Action under this section is a special proceeding. Western Smelting & Refining Co. v. First Nat. Bank of Omaha, 150 Neb. 477, 35 N.W.2d 116 (1948).
Order upon garnishee as to disposition of property awaits final judgment against defendant. Reed v. Fletcher, 24 Neb. 435, 39 N.W. 437 (1888).
Order of court is not conclusive on garnishee, and he may contest his liability. Hollingsworth v. Fitzgerald, 16 Neb. 492, 20 N.W. 836 (1884).
Order discharging garnishee is final order and reviewable. Turpin v. Coates, 12 Neb. 321, 11 N.W. 300 (1882).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1031.01 - Garnishment; judgment; effect.

25-1031.01.
Garnishment; judgment; effect.
The judgment in the garnishment action shall be conclusive between the garnishee, plaintiff, defendant, and any intervenor.
Source
Laws 1951, c. 67, § 12, p. 206.
Annotations
A specific holding, in a prior garnishment action by a creditor against a bank's insurer under a blanket employee dishonesty bond, that the bank did not suffer a loss within the coverage of such bond is res judicata in a subsequent suit brought by the bank to recover under the bond and cannot be relitigated. Bank of Mead v. St. Paul Fire & Marine Ins. Co., 202 Neb. 403, 275 N.W.2d 822 (1979).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1031.02 - Garnishment; costs; fee.

25-1031.02.
Garnishment; costs; fee.
(1) The party seeking garnishment shall advance the costs of transcript and filing the matter in the district court.
(2) The district court shall be entitled to the following fee in civil matters: For issuance of a writ of execution, restitution, garnishment, attachment, and examination in aid of execution, a fee of five dollars each.
Source
Laws 1955, c. 86, § 3, p. 259;
Laws 1988, LB 1030, § 16;
Laws 2018, LB193, § 12.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1032 - Attachment; judgment for defendant; effect; return of property or proceeds.

25-1032.
Attachment; judgment for defendant; effect; return of property or proceeds.
If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached, or its proceeds, shall be returned to him.
Source
R.S.1867, Code § 227, p. 431;
R.S.1913, § 7761;
C.S.1922, § 8705;
C.S.1929, § 20-1032;
R.S.1943, § 25-1032.
Annotations
Order discharging garnishee ipso facto discharges attachment. Alpirn v. Goodman, 3 Neb. Unof. 397, 91 N.W. 530 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1033 - Attachment; judgment for plaintiff; how satisfied; return of surplus.

25-1033.
Attachment; judgment for plaintiff; how satisfied; return of surplus.
If judgment is rendered for the plaintiff, it shall be satisfied as follows: So much of the property remaining in the hands of the officer, after applying the money arising from the sale of perishable property, and so much of the personal property and lands and tenements, if any, whether held by legal or equitable title, as may be necessary to satisfy the judgment, shall be sold by order of the court, under the same restrictions and regulations as if the same had been levied on by execution; and the money arising therefrom, with the amount which may be recovered from the garnishee, shall be applied to satisfy the judgment and costs. If there is not enough to satisfy the same, the judgment shall stand, and execution may issue thereon for the residue in all respects as in other cases. Any surplus of the attached property, or its proceeds, shall be returned to the defendant.
Source
R.S.1867, Code § 228, p. 431;
R.S.1913, § 7762;
C.S.1922, § 8706;
C.S.1929, § 20-1033;
R.S.1943, § 25-1033.
Annotations
Attached property should be sold the same as if levied on by execution. Federal Farm Mortgage Corporation v. Hughes, 137 Neb. 820, 291 N.W. 475 (1940).
Purchaser at sale is protected from collateral attack based on defective publication of notice. Brown v. Bose, 55 Neb. 200, 75 N.W. 536 (1898).
Same rule applies as to sales on execution; notice was defective. Helmer v. Rehm, 14 Neb. 219, 15 N.W. 344 (1883).
Judgment was informal, but not subject to collateral attack. Crowell v. Johnson, 2 Neb. 146 (1873).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1034 - Attached property; delivery to sheriff; power of court to compel.

25-1034.
Attached property; delivery to sheriff; power of court to compel.
The court may compel the delivery to the sheriff, for sale, of any of the attached property for which an undertaking may have been given, and may proceed summarily on such undertaking to enforce the delivery of the property or the payment of such sum as may be due upon the undertaking, by rules and attachments, as in cases of contempt.
Source
R.S.1867, Code § 229, p. 431;
R.S.1913, § 7763;
C.S.1922, § 8707;
C.S.1929, § 20-1034;
R.S.1943, § 25-1034.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1035 - Attached property out of sheriff's possession; repossession; power of court to order.

25-1035.
Attached property out of sheriff's possession; repossession; power of court to order.
The court may order the sheriff to repossess himself, for the purpose of selling it, of any of the attached property which may have passed out of his hands without having been sold or converted into money; and the sheriff shall, under such order, have the same power to take the property as he would have under an order of attachment.
Source
R.S.1867, Code § 230, p. 431;
R.S.1913, § 7764;
C.S.1922, § 8708;
C.S.1929, § 20-1035;
R.S.1943, § 25-1035.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1036 - Attachment; intervening claimants; proceeding to ascertain title.

25-1036.
Attachment; intervening claimants; proceeding to ascertain title.
If personal property which has been attached be claimed by any person other than the defendant, it shall be the duty of the officer to have the validity of such claim tried, and such proceedings must be had thereon, with the like effect, as in case the property had been seized upon execution and claimed by a third person.
Source
R.S.1867, Code § 231, p. 431;
R.S.1913, § 7765;
C.S.1922, § 8709;
C.S.1929, § 20-1036;
R.S.1943, § 25-1036.
Annotations
Sheriff may bring suit hereunder to try claim of party to personal property attached by him. Leadabrand v. State, 121 Neb. 836, 238 N.W. 656 (1931).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1037 - Several attachments; same property; reference.

25-1037.
Several attachments; same property; reference.
Where several attachments are executed on the same property, or the same persons are made garnishees, the court, on the motion of any of the plaintiffs, may order a reference to ascertain and report the amounts and priorities of the several attachments.
Source
R.S.1867, Code § 232, p. 432;
R.S.1913, § 7766;
C.S.1922, § 8710;
C.S.1929, § 20-1037;
R.S.1943, § 25-1037.
Annotations
Mere fact that party claims to be owner of attached property does not give him right to intervene in attachment suit and thus have question of his ownership determined in such suit. Geis v. Geis, 125 Neb. 394, 250 N.W. 252 (1933).
Second attaching creditor may intervene to try priority of liens. Deere, Wells & Co. v. Eagle Mfg. Co., 49 Neb. 385, 68 N.W. 504 (1896).
Court has authority to adjudicate priorities between attaching creditors. State ex rel. Austrian, Wise & Co. v. Duncan, 37 Neb. 631, 56 N.W. 214 (1893).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1039 - Attachment; additional security; right of defendant to require.

25-1039.
Attachment; additional security; right of defendant to require.
The defendant may, at any time before judgment, after reasonable notice to the plaintiff, move the court for additional security on the part of the plaintiff; and if, on such motion, the court is satisfied that the surety in the plaintiff's undertaking has removed from this state, or is not sufficient for the amount thereof, it may vacate the order of attachment and direct restitution of any property taken under it, unless in a reasonable time, to be fixed by the court, sufficient security is given by the plaintiff.
Source
R.S.1867, Code § 234, p. 432;
R.S.1913, § 7768;
C.S.1922, § 8712;
C.S.1929, § 20-1039;
R.S.1943, § 25-1039.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1041 - Attachment; motion to discharge; evidence.

25-1041.
Attachment; motion to discharge; evidence.
The hearing of the motion to discharge shall be a trial of the issue of the existence, at the time of the issuance of the order, of one or more of the grounds of attachment listed in section 25-1001, as alleged in the affidavits under section 25-1002. The court shall discharge an order of attachment unless the plaintiff proves by a preponderance of the evidence one of the grounds alleged under section 25-1001 upon which the writ was issued. The court may order that the evidence at the hearing of the motion to discharge be presented, in whole or part, by affidavits in the form prescribed by section 25-1334, for affidavits in support of or in opposition to a motion for summary judgment. In all cases in which the court does not so order, evidence presented at the hearing of the motion to discharge shall be governed by the Nebraska Evidence Rules.
Source
R.S.1867, Code § 236, p. 432;
R.S.1913, § 7770;
C.S.1922, § 8714;
C.S.1929, § 20-1041;
R.S.1943, § 25-1041;
Laws 1980, LB 597, § 13.
Cross References
Nebraska Evidence Rules, see section 27-1103.
Annotations
Where grounds are denied, burden is on plaintiff. Malcolm Savings Bank v. Cronin, 80 Neb. 231, 116 N.W. 150 (1908).
Affidavits sworn to before attorney in case, if objected to, cannot be used. Malcolm Savings Bank v. Cronin, 80 Neb. 228, 114 N.W. 158 (1907).
Whether plaintiff may use oral evidence is discretionary with trial court. Kountze v. Scott, 52 Neb. 460, 72 N.W. 585 (1897).
Hearing on motion to discharge is a "trial," for which justice may charge fee. Gibson v. Sidney, 50 Neb. 12, 69 N.W. 314 (1896).
Plaintiff must prove grounds to satisfaction of court; may open and close, in discretion of court. Citizens State Bank v. Baird, 42 Neb. 219, 60 N.W. 551 (1894).
Affidavits constitute pleadings; plaintiff opens and closes and has burden of proof. Jordan v. Dewey, 40 Neb. 639, 59 N.W. 88 (1894).
Findings of trial court should not be disturbed unless clearly wrong. Fremont Brewing Co. v. Pekarek, 4 Neb. Unof. 531, 95 N.W. 12 (1903).
Manner of taking evidence on hearing is discretionary with trial court. Dittman Boot & Shoe Co. v. Graff, 3 Neb. Unof. 165, 91 N.W. 188 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1042 - Attachment; county court; procedure.

25-1042.
Attachment; county court; procedure.
Sections 25-1039 to 25-1041 shall apply to actions before county courts.
Source
Laws 1875, § 1, p. 44;
R.S.1913, § 7771;
C.S.1922, § 8715;
C.S.1929, § 20-1042;
R.S.1943, § 25-1042;
Laws 1972, LB 1032, § 126.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1043 - Attachment of lands in another county; copy to be filed with register of deeds.

25-1043.
Attachment of lands in another county; copy to be filed with register of deeds.
Whenever an attachment shall issue to any other county than the one in which the action is brought, and any lands shall be attached by virtue thereof, it shall be the duty of the officer attaching such property to make out a true copy of the order of attachment, and file the same in the office of the register of deeds of the county where the lands so attached are situated. He shall also certify upon the copy of said order of attachment that the same is a true copy of the original writ received by him, and he shall also endorse thereon the description of the property attached, and the time when the same was attached, under and by virtue of the original order of attachment.
Source
G.S.1873, c. 57, § 1, p. 714;
R.S.1913, § 7772;
C.S.1922, § 8716;
C.S.1929, § 20-1043;
R.S.1943, § 25-1043.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1044 - Attachment of lands in another county; writ and certificate; recording constitutes notice.

25-1044.
Attachment of lands in another county; writ and certificate; recording constitutes notice.
It shall be the duty of the register of deeds of the county, when the copy of the order of attachment has been filed as provided in section 25-1043, to record the same in the miscellaneous record, together with the certificate of the officers heretofore mentioned, and such copy of said orders of attachment and certificates so filed and recorded shall be sufficient notice to subsequent purchasers of the land so attached.
Source
G.S.1873, c. 57, § 2, p. 714;
R.S.1913, § 7773;
C.S.1922, § 8717;
C.S.1929, § 20-1044;
R.S.1943, § 25-1044.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1045 - Attachment; discharge; duty of clerk to certify; duty of register of deeds to record.

25-1045.
Attachment; discharge; duty of clerk to certify; duty of register of deeds to record.
If the order of attachment is discharged it shall be the duty of the clerk of the court in which the action is brought to certify that fact, together with the time when the order was discharged, to the register of deeds in whose office the copy of the order has been recorded as aforesaid, whereupon such register shall file such certificate and write across the record of such copy the word "discharged," and also the time of discharge as shown in the certificate.
Source
G.S.1873, c. 57, § 3, p. 714;
R.S.1913, § 7774;
C.S.1922, § 8718;
C.S.1929, § 20-1045;
R.S.1943, § 25-1045.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1046 - Attachment; copy of order; taxation as costs.

25-1046.
Attachment; copy of order; taxation as costs.
The officer, for making out said copy of the same, shall receive such compensation as is now allowed by law for similar services, to be taxed in the costs, unless otherwise ordered by the court.
Source
G.S.1873, c. 57, § 4, p. 714;
R.S.1913, § 7775;
C.S.1922, § 8719;
C.S.1929, § 20-1046;
R.S.1943, § 25-1046.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1047 - Attachment; order of discharge; when and how superseded.

25-1047.
Attachment; order of discharge; when and how superseded.
When an order is made discharging an attachment and any party affected thereby shall except to such order, the court or judge shall thereupon fix a time, not exceeding twenty days thereafter, within which such party may file his petition in error or perfect an appeal from such order during which time the attached property shall remain in the hands of the sheriff or other officer;
Provided,
no such appeal or petition in error shall operate to supersede such order unless such appellant or plaintiff in error shall, within the time so fixed, execute to the adverse party an undertaking, with sureties to be approved by the clerk or judge and conditioned for the payment of all damage which may be sustained by such adverse party, in consequence of such appeal or petition in error, in the event that such attachment be finally discharged as having been unlawfully issued.
Source
G.S.1873, c. 57, § 1, p. 715;
R.S.1913, § 7776;
C.S.1922, § 8720;
C.S.1929, § 20-1047;
R.S.1943, § 25-1047.
Annotations
1. Bond
2. Miscellaneous
1. Bond
This section does not violate due process under the second prong of the test stated in the U.S. Supreme Court case Connecticut v. Doehr, 501 U.S. 1, 111 S. Ct. 2105, 115 L. Ed. 2d 1 (1991), because it allows continued attachment of the property at issue in only those instances in which the plaintiff posts a bond to protect the defendant from any damages suffered in the event that the order of discharge is affirmed on appeal. Andrews v. Schram, 252 Neb. 298, 562 N.W.2d 50 (1997).
Filing petition and approval of bond in proper time continues lien; summons is not condition to superseding judgment. McDonald v. Bowman, 40 Neb. 269, 58 N.W. 704 (1894).
If petition and bond are not filed in twenty days, garnishee is discharged. Lehnoff & Soennichsen v. Fisher, 32 Neb. 107, 48 N.W. 821 (1891).
Bond is necessary only to preserve lien. Adams County Bank v. Morgan, 26 Neb. 148, 41 N.W. 993 (1889).
Property must be returned at end of twenty days unless petition in error and bond filed. State ex rel. Rieschick v. Cunningham, 9 Neb. 146, 1 N.W. 1011 (1879).
Party giving bond cannot deny property belonged to defendants. Metcalf v. Bockoven, 1 Neb. Unof. 822, 96 N.W. 406 (1901).
2. Miscellaneous
Motion that attachment writ be quashed, in form of special appearance, and order sustaining motion, entitle plaintiff to appeal. National Surety Co. v. Love, 102 Neb. 633, 168 N.W. 597 (1918); Legan v. Smith, 98 Neb. 682, 154 N.W. 228 (1915).
Appeal continues lien and brings ruling of justice discharging attachment to district court for review. Rhodes v. Samuels, 67 Neb. 1, 93 N.W. 148 (1903).
Applies to all courts. Osborne v. Canfield, 33 Neb. 330, 50 N.W. 167 (1891).
Order overruling motion to discharge is not final order. Wilson v. Shepherd, 15 Neb. 15, 16 N.W. 826 (1883).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1048 - Attachment; order of discharge; appeal; original action unaffected.

25-1048.
Attachment; order of discharge; appeal; original action unaffected.
The original action shall proceed to trial and judgment in every other respect as though no writ of error has been prosecuted.
Source
G.S.1873, c. 57, § 2, p. 715;
R.S.1913, § 7777;
C.S.1922, § 8721;
C.S.1929, § 20-1048;
R.S.1943, § 25-1048.
Annotations
Proper dissolution of an attachment issued on a contractual obligation not yet due terminates action. McCartney v. McCartney, 128 Neb. 671, 260 N.W. 184 (1935).
Justice may proceed with original action though error proceedings taken on attachment. Rhodes v. Samuels, 67 Neb. 1, 93 N.W. 148 (1903).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1049 - Attachment; claims not due; action authorized; when.

25-1049.
Attachment; claims not due; action authorized; when.
A creditor may bring an action on a claim before it is due and have an attachment against the property of the debtor (1) where a debtor has sold, conveyed, or otherwise disposed of his property, with the fraudulent intent to cheat or defraud his creditors, or to hinder or delay them in the collection of their debts; (2) where he is about to make such sale, conveyance, or disposition of his property with such fraudulent intent; or (3) where he is about to remove his property, or a material part thereof, with the intent or to the effect of cheating or defrauding his creditors, or of hindering and delaying them in the collection of their debts.
Source
R.S.1867, Code § 237, p. 432;
R.S.1913, § 7778;
C.S.1922, § 8722;
C.S.1922, § 20-1049;
R.S.1943, § 25-1049.
Annotations
In an action on a claim before it is due, an attachment is allowable only on grounds and conditions prescribed by statute. McCartney v. McCartney, 128 Neb. 671, 260 N.W. 184 (1935).
Surety paying note before due may attach, if payee could. Danker v. Jacobs, 79 Neb. 435, 112 N.W. 579 (1907).
When a debtor has committed any one of the fraudulent acts enumerated in this section, creditor may maintain an action on a claim before it is due. Cox & Cornell v. Peoria Mfg. Co., 42 Neb. 660, 60 N.W. 933 (1894).
An action can be maintained on a claim before it is due only in the exceptional cases enumerated in this section. Caulfield v. Bittenger, 37 Neb. 542, 56 N.W. 302 (1893).
Filing of affidavit is a request to grant writ and written application in addition is unnecessary. Winchell v. McKinzie, 35 Neb. 813, 53 N.W. 975 (1892).