§ 25-1587.04.Notice of filing.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 2018 · Last verified July 22, 2026
Full Text of § 25-1587.04
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.