The garnishee shall answer, under oath, all the interrogatories put to him touching the property of every description and credits of the defendant in his possession or under his control at the time of the service of the summons and interrogatories, and he shall disclose truly the amount owing by him to the defendant, whether due or not, and, in case of a corporation, any stock therein held by or for the benefit of the defendant, at the time of the service of the summons and interrogatories. The fee for filing of answer may be taxed and collected in the same manner as other costs in such proceedings.
§ 25-1026.Garnishee; answer; interrogatories; filing fee; costs.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1959 · Last verified July 22, 2026
In one sentenceThis section requires a garnishee to answer, under oath, every interrogatory about the defendant’s property and credits in the garnishee’s possession or control at the time of service, including any debt owed and any corporate stock held, and it allows the filing fee for the answer to be taxed as costs.
Full Text of § 25-1026
Source
R.S.1867, Code § 221, p. 429; Laws 1877, § 1, p. 10; R.S.1913, § 7755; C.S.1922, § 8699; C.S.1929, § 20-1026; R.S.1943, § 25-1026; Laws 1951, c. 67, § 3, p. 203; Laws 1959, c. 101, § 2, p. 423.
Plain-English Summary
Garnishment reaches money or property a third party holds for the defendant — a bank account, wages, a debt someone else owes the defendant. Section 25-1026 sets the garnishee’s core obligation once served with a summons and interrogatories: answer, under oath, every question put to the garnishee about the defendant’s property and credits. That answer has to cover everything of that description in the garnishee’s possession or under the garnishee’s control at the moment of service.
The disclosure requirement is specific. The garnishee has to state truly how much the garnishee owes the defendant, whether or not that debt is already due, and, if the garnishee is a corporation, whether the garnishee holds any stock for the defendant’s benefit. A garnishee cannot hide behind the fact that a debt is not yet payable; an obligation that will come due later still has to be disclosed.
The section also handles a small administrative point: the fee for filing the garnishee’s answer may be taxed and collected as part of the costs of the case, the same way other litigation costs are handled.
Frequently Asked Questions
What has to be included in a garnishee’s answer in Nebraska?
The garnishee has to answer, under oath, every interrogatory about the defendant’s property and credits held or controlled at the time of service, including the amount owed to the defendant, whether due or not, and any corporate stock held for the defendant’s benefit.
Does a garnishee have to disclose a debt to the defendant that is not due yet?
Yes. The section requires disclosure of the amount owing to the defendant whether the debt is due or not.
What if the garnishee is a corporation and the defendant owns stock in it?
The garnishee has to disclose any stock in the corporation held by or for the benefit of the defendant at the time of service.
Does the garnishee have to answer under oath?
Yes. Section 25-1026 requires the answer to the interrogatories to be given under oath.
Who pays the filing fee for the garnishee’s answer?
The fee may be taxed and collected as costs in the garnishment proceeding, the same as other costs.
What happens if a garnishee refuses to answer the interrogatories?
Section 25-1028 addresses that situation directly, presuming the garnishee is indebted to the defendant for the full amount of the plaintiff’s claim when the garnishee fails to answer.
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: garnishee answer requirements nebraskagarnishment interrogatories nebraskahow does wage garnishment work nebraskabank account garnishment answersection 25-1026 nebraskagarnishee disclose debt owed