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.
§ 25-1027.Garnishee; payment into court; effect; costs.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1951 · Last verified July 22, 2026
In one sentenceThis section lets a garnishee pay the money owed to the defendant into court, discharging the garnishee from liability up to the amount paid, protects the garnishee from most added costs, and allows the garnishee to recover costs for making a truthful disclosure and complying with the court’s order.
Full Text of § 25-1027
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.
Plain-English Summary
A garnishee does not have to sit and wait for a fight to develop. Section 25-1027 gives the garnishee a way to step out of the dispute early: pay the money the garnishee owes the defendant directly into court. Doing so discharges the garnishee from liability to the defendant for the amount paid, up to the plaintiff’s claim.
The section also protects a cooperative garnishee financially. A garnishee who does not resist the claim will not be saddled with costs beyond whatever costs the garnishee’s own resistance caused. And a garnishee who discloses the property in the garnishee’s hands, or the true amount owed, and then delivers or pays it according to the court’s order, is entitled to recover the garnishee’s own costs rather than absorb them.
Together, these rules give a garnishee an incentive to answer truthfully and comply promptly: doing so limits exposure to the underlying debt and avoids the added expense of contested garnishment proceedings.
Frequently Asked Questions
Can a garnishee just pay the money owed to the defendant into court instead of holding it?
Yes. Section 25-1027 allows the garnishee to pay the money owing to the defendant into court, which discharges the garnishee from liability to the defendant for the amount paid, not exceeding the plaintiff’s claim.
Does paying money into court protect the garnishee from paying court costs?
A garnishee is not subjected to costs beyond those caused by the garnishee’s own resistance of the claim, so a garnishee who does not resist limits exposure to costs.
Can a garnishee recover costs for cooperating with the garnishment?
Yes. A garnishee who discloses the property or the true amount owed, and delivers or pays it as the court orders, is allowed the garnishee’s own costs.
Is a garnishee fully released from the underlying debt by paying money into court?
The discharge under this section applies to the amount paid, up to the plaintiff’s claim, so payment covers the garnishee’s liability to that extent.
What happens if a garnishee resists the garnishment claim and loses?
The protection from costs applies to costs beyond those caused by the garnishee’s resistance, meaning a garnishee who contests the claim can be responsible for costs tied to that resistance.
Does this section apply to property as well as money?
The section’s text addresses a garnishee paying money owing into court; related property-delivery procedures appear in section 25-1029.
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 pay money into court nebraskagarnishee costs protectionhow garnishee avoids liabilitydischarge garnishee by paymentsection 25-1027 nebraskagarnishment costs recovery