RulesofCivilProcedure.com Civil Procedure · Every State

§ 25-1587.04.Notice of filing.

Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 2018 · Last verified July 22, 2026

In one sentenceSection 25-1587.04 requires the judgment creditor to file an affidavit giving the debtor’s and creditor’s last-known addresses, directs the clerk to mail the debtor notice of the filing, and lets the creditor’s own proof of mailing keep enforcement moving even if the clerk’s notice never goes out.

Full Text of § 25-1587.04

Text size

(a) At the time of the filing of the foreign judgment, the judgment creditor or his or her lawyer shall make and file with the clerk of the court an affidavit setting forth the name and last-known post office address of the judgment debtor and the judgment creditor.
(b) Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall file notice of the mailing on the record. The notice shall include the name and address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

Source

Laws 1993, LB 458, § 4; Laws 2018, LB193, § 29.

Plain-English Summary

Filing a foreign judgment under section 25-1587.03 is not the end of the process; the debtor has to find out about it. Section 25-1587.04 requires the judgment creditor, or the creditor’s lawyer, to file an affidavit at the time of filing, stating the last-known post office address of both the judgment debtor and the judgment creditor.

Once the judgment and affidavit are on file, the clerk has to promptly mail notice of the filing to the debtor at the address given, and file proof of that mailing in the record. The notice tells the debtor who the creditor is, and who the creditor’s Nebraska lawyer is, if any. The creditor can also mail a separate notice to the debtor and file the creditor’s own proof of mailing. If the clerk never mails notice, that gap does not stop the enforcement proceedings, as long as the creditor’s proof of mailing has been filed.

Frequently Asked Questions

What does the creditor have to file along with the foreign judgment?

An affidavit stating the last-known post office address of both the judgment debtor and the judgment creditor.

Who notifies the debtor that the judgment has been filed in Nebraska?

The clerk mails notice to the debtor’s address and files proof of that mailing in the record.

Can the creditor send notice as well?

Yes. The creditor may separately mail notice of the filing to the debtor and file proof of that mailing with the clerk.

What happens if the clerk fails to mail notice to the debtor?

Enforcement proceedings are not affected, as long as the creditor’s own proof of mailing has been filed.

Why does the statute require notice to the debtor at all?

It gives the debtor a chance to learn that a judgment now enforceable in Nebraska has been filed, so the debtor can respond or seek a stay under section 25-1587.05 if grounds exist.

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: notice of foreign judgment filing nebraskaaffidavit judgment debtor address nebraskaclerk mailing notice sister state judgmentproof of mailing foreign judgment nebraska