§ 25-2707.Garnishment; amount in excess of jurisdiction of county court; transfer to district court; proceedings certified.
Article 27: County Court Rules of Procedure and Probate Practice · Last amended 2018 · Last verified July 22, 2026
Full Text of § 25-2707
Source
Laws 1961, c. 116, § 1, p. 358; R.S.1943, § 24-502.01; Laws 1972, LB 1032, § 40; Laws 1986, LB 749, § 1; R.S.Supp.,1988, § 24-540; Laws 2018, LB193, § 44.
Plain-English Summary
Section 25-2707 addresses garnishment proceedings brought under sections 25-1011 and 25-1026 to 25-1031.01, or under section 25-1056. If the garnishee’s pleadings or interrogatory answers reveal an amount, or property, worth more than the jurisdictional dollar amount specified in section 24-517, and the title or ownership of disputed property is worth more than that amount, the county court must proceed no further. The same rule applies if that showing emerges later, from the evidence or other pleadings, at any point during the proceeding.
Once that threshold is met, the county court files a certification of the case file and costs with the district court of the county where the action is pending, within ten days after the transfer order. The district court then tries and determines the matter as though the proceeding had originally been brought there, and no new pleadings are required except as the district court orders.
Frequently Asked Questions
Which garnishment statutes does this section apply to?
Proceedings under sections 25-1011 and 25-1026 to 25-1031.01, or under section 25-1056.
What triggers a transfer of a garnishment case to district court?
Pleadings, interrogatory answers, or evidence showing an amount or property value above the jurisdictional dollar amount in section 24-517, or disputed title to property worth more than that amount.
When must the county court stop and transfer the case?
As soon as that showing appears, whether at the outset from the garnishee’s answers or later from the evidence or other pleadings during the proceeding.
What is the deadline for certifying the case file to district court?
Ten days after entry of the transfer order.
Do new pleadings have to be filed in district court after the transfer?
No, unless the district court orders them. The matter is tried as if it had originally been brought in district court.
Where is the jurisdictional dollar amount for these garnishment proceedings defined?
Section 24-517.