The trial of the determination of the liability of the garnishee shall be conducted the same as in a civil action. If it shall appear upon the trial of the liability of the garnishee that the garnishee was (1) indebted to the defendant, or (2) had any property or credits of the defendant, in his possession or under his control at the time of being served with the notice of garnishment, he shall be liable to the plaintiff, in case judgment is finally recovered by plaintiff against the defendant, to the full amount thereof, or to the amount of such indebtedness or property held by the garnishee. The plaintiff in such event may have a judgment against the garnishee (1) for the amount of money due from the garnishee to the defendant in the original action, or (2) for the delivery to the sheriff or to the clerk of the court of any property in the garnishee's hands belonging to the defendant in the original action within a time to be fixed by the court, or for the value of the same as fixed in the judgment if not delivered within the time fixed.
§ 25-1030.02.Garnishee; trial; liability; judgment.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1951 · Last verified July 22, 2026
In one sentenceThis section requires the trial on a garnishee’s liability to be conducted like an ordinary civil action and allows the plaintiff to recover judgment against a garnishee found to owe a debt or hold property, for the money owed or delivery of the property, up to the amount recovered against the defendant.
Full Text of § 25-1030.02
Source
Laws 1951, c. 67, § 9, p. 205.
Plain-English Summary
Once a plaintiff files an application under section 25-1030 and gives proper notice under section 25-1030.01, the case proceeds to trial. Section 25-1030.02 says that trial looks like any other civil trial — no special garnishment-only procedure applies.
The section then defines what the plaintiff has to prove and what happens if the plaintiff succeeds. If it appears at trial that the garnishee was indebted to the defendant, or held property or credits of the defendant, at the time the garnishee was served with the notice of garnishment, the garnishee becomes liable to the plaintiff — but only if the plaintiff ultimately recovers judgment against the defendant in the underlying case, and only up to the full amount of that judgment, or the amount of the garnishee’s debt or property, whichever is less.
When the plaintiff wins on the garnishee’s liability, the judgment against the garnishee can take one of two forms: a money judgment for the amount the garnishee owed the defendant, or an order requiring the garnishee to deliver the defendant’s property to the sheriff or the clerk of the court within a time the court sets, with the property’s value fixed in the judgment as a fallback if delivery does not happen on time.
Frequently Asked Questions
How is the trial on a garnishee’s liability conducted in Nebraska?
The same as in an ordinary civil action, without a special procedure limited to garnishment cases.
What does the plaintiff have to show to win a judgment against the garnishee?
That the garnishee was indebted to the defendant, or held property or credits of the defendant, at the time the garnishee was served with the notice of garnishment.
Does the garnishee’s liability depend on whether the plaintiff wins against the defendant?
Yes. The garnishee is liable only if the plaintiff finally recovers judgment against the defendant in the underlying action.
How much can a plaintiff recover from a garnishee?
Up to the full amount of the judgment against the defendant, or the amount of the garnishee’s indebtedness or property held, whichever is less.
What form does the judgment against the garnishee take?
Either a money judgment for the amount owed by the garnishee, or an order to deliver the defendant’s property to the sheriff or clerk within a set time, with the property’s value fixed as an alternative if it is not delivered.
What happens to property a garnishee fails to deliver as ordered?
The judgment fixes the value of the property, which the garnishee owes if delivery does not happen within the time the court sets.
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 liability trial nebraskajudgment against garnishee nebraskahow much can I recover from a garnisheegarnishment trial proceduresection 25-1030.02 nebraskagarnishee owes debt to defendant judgment