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§ 25-1030.01.Garnishee; application; notice; manner of service; corporate garnishee; liability.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 2025 · Last verified July 22, 2026

In one sentenceThis section requires the plaintiff to notify the garnishee and the defendant of an application to determine the garnishee’s liability and of the trial date, and sets special service rules for a corporate garnishee, generally requiring service on its registered agent before wage garnishment liability can attach.

Full Text of § 25-1030.01

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(1) Upon filing an application for determination of liability of the garnishee, the plaintiff shall give the garnishee and the defendant in the original action notice of the filing thereof and of the time and place of trial thereon. Subject to subsections (2) and (3) of this section, the notice shall be given within such time and in such manner as the court shall direct.
(2) For purposes of this section:
(a) Corporate entity means any corporation, limited liability company, limited liability partnership, or series limited liability company or any other corporate entity that is required by the statutes of Nebraska to have a registered agent for service of process in Nebraska; and
(b) Corporate entity does not include any financial institution as described in subsection (6) of section 25-1056.
(3)(a) If the garnishee is a corporate entity, notice under subsection (1) of this section shall be served upon the location of the corporate entity's registered agent for service of process in this state.
(b) If service is unable to be accomplished as provided in subdivision (3)(a) of this section, such notice shall be served in accordance with section 25-509.01.
(4) In a case involving a garnishment served upon a corporate entity against wages due to a judgment debtor, the corporate entity shall not be liable as a garnishee under this section unless the plaintiff shows:
(a) That service was made in accordance with subdivision (3)(a) of this section; or
(b) That service was made in accordance with subdivision (3)(b) of this section and:
(i) That a copy of the notice described in subsection (1) of this section was sent to the location of the corporate entity's registered agent;
(ii) That the garnishee requested no such copy be sent to such location; or
(iii) That the corporate entity does not have a registered agent in this state.

Source

Laws 1951, c. 67, § 8, p. 205; Laws 2025, LB150, § 21.

Plain-English Summary

Filing the application described in section 25-1030 is only half the job — the plaintiff also has to make sure the garnishee and the defendant know about it. Section 25-1030.01 requires the plaintiff to give both of them notice of the filing and of the time and place of the trial on the garnishee’s liability, within whatever time and manner the court directs, subject to the more specific rules the rest of the section adds for corporate garnishees.

Those specific rules matter most when the garnishee is a corporation, limited liability company, limited liability partnership, or similar corporate entity required by Nebraska law to keep a registered agent for service of process — though the definition specifically excludes financial institutions described in section 25-1056. For a corporate entity garnishee, notice generally has to go to the location of the entity’s registered agent. Only if that service cannot be accomplished does the plaintiff fall back to service under section 25-509.01.

The stakes are highest in wage garnishment cases. When the garnishee is a corporate entity served with a garnishment against a judgment debtor’s wages, the corporate entity is not liable as a garnishee under this section unless the plaintiff shows either that service was made on the registered agent’s location, or that fallback service was used and the plaintiff also shows a copy of the notice was sent to the registered agent’s location, that the garnishee asked that no copy be sent there, or that the corporate entity has no registered agent in Nebraska. That structure protects employers from liability triggered by notice that never reasonably reached them, while still holding them accountable when proper channels were used or excused.

Frequently Asked Questions

Does the plaintiff have to notify the garnishee about the trial on the garnishee’s liability?

Yes. Upon filing the application for determination of liability, the plaintiff has to give the garnishee and the defendant notice of the filing and of the time and place of the trial.

What counts as a “corporate entity” garnishee under this section?

Any corporation, limited liability company, limited liability partnership, or series limited liability company, or any other corporate entity required by Nebraska statute to have a registered agent for service of process, but not a financial institution described in subsection (6) of section 25-1056.

Where does notice to a corporate garnishee have to be served?

At the location of the corporate entity’s registered agent for service of process in Nebraska, unless that service cannot be accomplished, in which case service follows section 25-509.01.

Can an employer avoid wage garnishment liability if it never received proper notice?

Yes, in effect. When the garnishee is a corporate entity served regarding a judgment debtor’s wages, it is not liable unless the plaintiff shows service on the registered agent’s location, or fallback service plus one of the additional showings the section lists, such as a copy sent to the registered agent’s location or the absence of a registered agent in Nebraska.

Does this section apply to banks and other financial institutions the same way it applies to other corporate garnishees?

No. The definition of “corporate entity” under this section specifically excludes financial institutions described in subsection (6) of section 25-1056.

What law governs the timing and manner of the initial notice to the garnishee and defendant?

The court sets the time and manner, subject to the additional service requirements the section adds for corporate entity garnishees.

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
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