In any proceeding, civil or criminal, growing out of a breach of sections 25-1560 and 25-1561 or either of them, proof of the institution of a suit or service of garnishment summons by any person, firm or individual, in any court of any state, or territory, other than this state, or in this state to seize by process of garnishment or otherwise, any of the wages of such persons as defined in section 25-1560 shall be deemed prima facie evidence of an evasion of the laws of the State of Nebraska and a breach of the provisions of such sections on the part of the creditor or resident in Nebraska causing the same to be done.
§ 25-1562.Exempt wages; interstate business; violation of sections; evidence.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1889 · Last verified July 22, 2026
In one sentenceThis section makes proof of an out-of-state suit or garnishment proceeding against a Nebraska employee’s wages prima facie evidence that the creditor is evading Nebraska’s exemption laws in violation of sections 25-1560 and 25-1561.
Full Text of § 25-1562
Source
Laws 1889, c. 25, § 3, p. 370; R.S.1913, § 8109; C.S.1922, § 9045; C.S.1929, § 20-1563; R.S.1943, § 25-1562.
Plain-English Summary
Section 25-1562 is an evidence rule that backs up the prohibitions in sections 25-1560 and 25-1561. In any civil or criminal proceeding arising from a claimed breach of those two sections, proof that a person, firm, or individual started a lawsuit or served a garnishment summons in a court outside Nebraska, or garnished wages within Nebraska by process or otherwise, counts as prima facie evidence of an evasion of Nebraska’s exemption laws.
Prima facie evidence means the proof is enough, standing alone, to support a finding of evasion unless the other side comes forward with evidence to rebut it. The section places the burden of coming forward on the creditor, or on the Nebraska resident who caused the out-of-state proceeding to happen, once the judgment creditor shows that an out-of-state suit or garnishment reached wages covered by section 25-1560.
Frequently Asked Questions
What does "prima facie evidence" mean in this section?
It means proof that, by itself, is sufficient to establish an evasion of Nebraska’s exemption laws unless the creditor or resident who caused the proceeding rebuts it with contrary evidence.
What proof triggers this presumption?
Proof that a suit was filed, or a garnishment summons served, in a court of another state or territory, or that wages covered by section 25-1560 were garnished within Nebraska by process or otherwise.
Who does the presumption apply against?
The creditor or Nebraska resident responsible for causing the out-of-state suit or garnishment to be pursued.
Does this section apply in criminal cases as well as civil cases?
Can the presumption be overcome?
The statute establishes prima facie evidence, not conclusive proof, so the party facing the presumption can offer evidence showing the proceeding was not an evasion of Nebraska’s exemption laws.
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: prima facie evidence wage exemption evasionproving violation of section 25-1560out of state garnishment evidence rulenebraska wage evasion presumptionevidence in wage exemption evasion case