§ 25-1011.Garnishment; service upon garnishee; forms; notice; hearing.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 2010 · Last verified July 22, 2026
Full Text of § 25-1011
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.
Plain-English Summary
Garnishment can freeze money a judgment debtor needs to live on, so Nebraska builds notice and a fast hearing right into the process. Section 25-1011 handles both.
The garnishee gets served with the summons and order of garnishment, duplicate interrogatories, a notice-to-judgment-debtor form, and a request-for-hearing form, using the same method as service of a summons in a civil action. Separately, the judgment creditor, or an agent or attorney, has to mail the judgment debtor a copy of the same summons and order, along with the two forms, by certified mail within seven business days of the court issuing them, and then certify to the court, in writing, the date that mailing went out. The Nebraska Supreme Court promulgates the uniform forms used statewide for all of this — the summons and order, the interrogatories, the notice, and the hearing request.
The notice-to-judgment-debtor form has to explain, in plain terms, that certain funds, such as some government benefits, are exempt from garnishment, that wages are exempt up to a set level that varies for a head of family, and that the debtor can request a hearing within three business days of receiving the notice if the debtor believes the garnished funds are exempt or the amount claimed is wrong. Once a debtor makes that request, the court has to hold the hearing within ten days.
Frequently Asked Questions
How does a garnishee get notified of a garnishment?
By service, in the same manner as a civil summons, of the summons and order of garnishment, duplicate interrogatories, a notice-to-judgment-debtor form, and a request-for-hearing form.
How does the judgment debtor find out about the garnishment?
The judgment creditor or an agent or attorney must mail the debtor a copy of the summons and order, along with the notice and hearing-request forms, by certified mail within seven business days after the court issues them.
What does the notice to the judgment debtor have to explain?
That certain funds, including some government benefits, are exempt from garnishment, that wages are exempt up to a set level, higher for a head of family, and how to request a hearing to contest the garnishment.
How quickly can I get a hearing if I believe my garnished funds are exempt?
File the request-for-hearing form with the court within three business days of receiving the notice, and the court must grant the hearing within ten days of your request.
Who creates the forms used in a Nebraska garnishment?
The Nebraska Supreme Court promulgates uniform garnishment forms by court rule, for use by every court in the state.
Does the judgment creditor have to prove the mailing to the debtor happened?
Yes. The creditor or the creditor’s agent or attorney must certify in writing to the court the date the required mailing to the judgment debtor was sent.