§ 25-1560.Exempt wages; interstate business; attachment or garnishment by method to avoid exemption laws; unlawful.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1889 · Last verified July 22, 2026
In one sentenceThis section makes it unlawful for a creditor to sell, assign, or sue on a Nebraska employee’s debt through an out-of-state proceeding, or to garnish wages earned in the prior sixty days, when the purpose is to dodge Nebraska’s wage-exemption laws.
Full Text of § 25-1560
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It is hereby declared unlawful for any creditor of, or other holder of any evidence of debt, book account, or claim of any name or nature against any laborer, servant, clerk, or other employee, of any corporation, firm or individual in this state engaged in interstate business, for the purpose below stated, to sell, assign, transfer, or by any means dispose of any such claim, book account, bill, or debt of any name or nature whatever, to any person or persons, firm, corporation or institution, or to institute, in this state or elsewhere, or prosecute any suit or action
for any such claim or debt against any such laborer, servant, clerk or employee by any process seeking to seize, attach, or garnish the wages of such person or persons earned within sixty days prior to the commencement of such proceeding, for the purpose of avoiding the effect of the laws of the State of Nebraska concerning exemptions.
Source
Laws 1889, c. 25, § 1, p. 369; R.S.1913, § 8107; C.S.1922, § 9043; C.S.1929, § 20-1561; R.S.1943, § 25-1560.
Plain-English Summary
Nebraska protects a worker’s recent wages from many creditor claims. Section 25-1560 closes a door creditors might otherwise use to get around that protection: shipping the claim out of state, or dressing it up as an interstate matter, so that a different state’s weaker exemption laws apply instead of Nebraska’s.
The section targets any creditor of a laborer, servant, clerk, or other employee working for a corporation, firm, or individual doing interstate business in Nebraska. It is unlawful for that creditor to sell, assign, transfer, or otherwise dispose of a claim against the employee, or to file or pursue a lawsuit anywhere seeking to seize, attach, or garnish wages the employee earned within the sixty days before the proceeding started, when the goal is to avoid Nebraska’s exemption laws.
The sixty-day window matters. It targets fresh wages, the earnings most likely to be needed for rent, groceries, and other immediate expenses, and therefore the earnings Nebraska’s exemption laws are built to protect. A creditor who waits out that window, or who pursues a claim for a legitimate reason unrelated to evading Nebraska law, does not necessarily run afoul of this section; the statute is aimed at maneuvers designed to sidestep the state’s exemption scheme.
Frequently Asked Questions
What conduct does section 25-1560 make unlawful?
Selling, assigning, transferring, or otherwise disposing of a debt against a Nebraska employee, or suing anywhere to seize, attach, or garnish wages the employee earned in the sixty days before the suit, when done to avoid Nebraska’s wage-exemption laws.
Who is protected by this section?
Laborers, servants, clerks, and other employees of a corporation, firm, or individual engaged in interstate business in Nebraska.
Why does the section focus on wages earned in the last sixty days?
Those are the most recent earnings, the ones a worker is most likely to need for immediate living expenses and the ones Nebraska’s exemption laws are designed to shield from creditors.
Does this section stop a creditor from ever suing an out-of-state employer?
No. It targets suits and transfers undertaken for the purpose of avoiding Nebraska’s exemption laws, not ordinary interstate collection activity pursued for a legitimate reason.
What happens if a creditor violates this section?
Section 25-1563 makes a violation of this section a Class IV misdemeanor and exposes the violator to civil liability for the debt amount, costs, and a reasonable attorney’s fee.
Does filing a garnishment proceeding in another state automatically prove a violation?
Section 25-1562 treats proof that a suit or garnishment was filed in another state’s court, or through Nebraska garnishment reaching sixty-day wages, as prima facie evidence of evasion, meaning it creates a presumption a creditor can try to rebut.
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:nebraska wage garnishment evasion lawout of state garnishment to avoid exemptionsixty day wage exemption nebraskainterstate business wage claim lawunlawful assignment of employee debt