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.
§ 25-1028.Garnishee; failure to answer; presumption; judgment.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1951 · Last verified July 22, 2026
In one sentenceThis section presumes a garnishee is indebted to the defendant for the full amount of the plaintiff’s claim if the garnishee fails to answer the interrogatories, and it allows judgment against the garnishee for whatever amount the court finds due after notice to the garnishee.
Full Text of § 25-1028
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.
Plain-English Summary
Section 25-1026 requires a garnishee to answer interrogatories about the defendant’s property. Section 25-1028 supplies the consequence for ignoring that requirement. A garnishee who fails to answer is presumed indebted to the defendant for the full amount of the plaintiff’s claim — a heavy default rule that puts real pressure on garnishees to respond.
That presumption does not translate automatically into a judgment without any further step. The garnishee first has to be given notice, within whatever time and in whatever manner the court directs. Once that notice goes out, the court may enter judgment against the garnishee, though not necessarily for the full presumed amount — the judgment is for whatever amount the court finds due from the garnishee.
This section gives silence a real cost. A garnishee who is served with interrogatories and does not respond risks a judgment based on the presumption that the garnishee owes the entire claim, subject only to whatever the court determines after notice.
Frequently Asked Questions
What happens if a garnishee never answers the interrogatories in a Nebraska garnishment?
The garnishee is presumed to be indebted to the defendant for the full amount of the plaintiff’s claim under section 25-1028.
Can a court enter judgment against a garnishee without any further notice after a missed answer?
No. The court must give the garnishee notice within the time and manner the court directs before judgment may be entered.
Is the judgment against a non-answering garnishee always for the full amount of the plaintiff’s claim?
Not necessarily. The court enters judgment for the amount the court finds due from the garnishee, which the presumption of full indebtedness informs but does not automatically fix.
How does a garnishee avoid the presumption of full indebtedness?
By answering the interrogatories as required under section 25-1026, since the presumption applies specifically when the garnishee fails to answer.
Does this section apply if the garnishee answers late?
The section’s presumption is triggered by a failure to answer as required by section 25-1026; the practical effect of a late answer depends on the timing the court has set and directed.
What is the point of presuming the garnishee owes the full claim?
It discourages garnishees from ignoring interrogatories, since silence carries a real risk of a judgment for the full amount rather than a lesser, disclosed amount.
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 failed to answer nebraskapresumption of indebtedness garnishmentdefault judgment against garnisheewhat happens if garnishee ignores interrogatoriessection 25-1028 nebraskagarnishee liable for full claim