§ 25-1031.02.Garnishment; costs; fee.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 2018 · Last verified July 22, 2026
Full Text of § 25-1031.02
Source
Laws 1955, c. 86, § 3, p. 259; Laws 1988, LB 1030, § 16; Laws 2018, LB193, § 12.
Plain-English Summary
Garnishment carries administrative costs, and section 25-1031.02 assigns them upfront. The party seeking garnishment — typically the plaintiff — has to advance the costs of preparing a transcript and filing the matter in the district court. This is a pay-as-you-go rule: the party pursuing the remedy fronts the expense of getting the case into district court, rather than waiting to see how the case turns out.
The section also fixes a specific fee the district court is entitled to charge. For issuing a writ of execution, restitution, garnishment, attachment, or an examination in aid of execution, the fee is five dollars for each. The same flat fee applies across this list of related post-judgment and provisional remedies, giving courts, clerks, and litigants a clear, predictable figure rather than a variable charge.
Frequently Asked Questions
Who pays the upfront costs of a garnishment filed in district court?
The party seeking garnishment has to advance the costs of the transcript and of filing the matter in the district court.
How much does a district court charge to issue a writ of garnishment?
Five dollars, the same flat fee that applies to writs of execution, restitution, attachment, and examinations in aid of execution.
Does this fee apply to other remedies besides garnishment?
Yes. The five-dollar fee covers issuance of a writ of execution, restitution, garnishment, attachment, and examination in aid of execution alike.
Does advancing these costs guarantee the party will ultimately bear them?
The section requires the party seeking garnishment to advance the costs of transcript and filing; how costs are ultimately allocated between the parties is addressed elsewhere, including in section 25-1031.
Why does garnishment involve a “transcript” cost?
Garnishment proceedings connected to an underlying judgment often require a transcript to move the matter into district court, and this section places the cost of preparing that transcript on the party seeking garnishment.
Is the five-dollar fee per writ or a single flat charge no matter how many writs issue?
The section states the fee applies to each writ — five dollars each for issuance of execution, restitution, garnishment, attachment, or examination in aid of execution.