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.
§ 25-1012.02.Garnishment; public officers and employees; procedure; process; answer.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1984 · Last verified July 22, 2026
In one sentenceThis section sets the procedure for garnishing a public officer’s or employee’s earnings — how process is served on the governmental unit as garnishee, how it must answer, and what the written answer must state about wages already earned.
Full Text of § 25-1012.02
Source
Laws 1980, LB 597, § 17; Laws 1984, LB 845, § 24.
Plain-English Summary
Section 25-1012.02 works alongside section 25-1012.01, filling in the mechanics for garnishing a public employee’s pay once garnishment against the government is allowed.
The proceeding names the State of Nebraska, or the relevant county, township, municipal corporation, municipally owned corporation, or school district, as the garnishee defendant, and process is served the same way as a civil summons, except that certified mail cannot be used for this type of service. The governmental unit then has the same duty to answer the garnishment summons that a private corporation would have, and it must abide by whatever order the court issues about paying into court any amount owed, capped at what the officer or employee had earned as of the date of the answer.
The governmental unit can mail its written answer to the clerk of the issuing court instead of appearing in person. That answer has to state the amount of money due the officer or employee as of the summons’s answer day, but it must leave out any check or warrant that had already been drawn and signed by the time the garnishment summons was served.
Frequently Asked Questions
How is a garnishment summons served on a government garnishee in Nebraska?
The same way as a civil summons is served on any defendant, except that certified mail service cannot be used for this type of garnishment.
Does a government garnishee have to appear in court to answer?
No. The governmental unit can submit its written answer to the clerk of the issuing court by mail instead of appearing in person.
How much can the court order a government garnishee to pay in?
Only up to the amount the officer or employee had earned as of the date of the answer, not amounts not yet earned.
Does the answer have to list every paycheck already issued to the employee?
No. The answer must state the amount due as of the answer day, but it excludes any check or warrant already drawn and signed by the time the garnishment summons was served.
Is the government garnishee held to the same answering duty as a private employer?
Yes. It must answer the garnishment summons in the same manner as is provided by law for the answer of corporations.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: procedure garnishing state employee nebraskahow does government answer garnishmentgarnishment summons service on government agencypublic employer garnishment answer25-1012.02 nebraska