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§ 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

In one sentenceThis section stops a county court garnishment proceeding once the pleadings, interrogatory answers, or evidence show property or a dollar amount above the county court’s jurisdictional limit, or disputed title to such property, and sends the case to district court by certification of the file and costs within ten days.

Full Text of § 25-2707

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Whenever proceedings under sections 25-1011 and 25-1026 to 25-1031.01, or under section 25-1056, are had in any county court and it shall appear by the pleadings or other answers to interrogatories filed by the garnishee that there is an amount in excess of the jurisdictional dollar amount specified in section 24-517, or property with a value of more than such amount, the title or ownership of which is in dispute, or when at any time during such proceedings it shall appear from the evidence or other pleadings that there is property of the value of more than the jurisdictional dollar amount specified in section 24-517, the title or ownership of which is in dispute, such court shall proceed no further. Within ten days after entry of the transfer order, the county court shall file with the district court of the county in which the action is pending a certification of the case file and costs. The matter shall be tried and determined by the district court as if the proceedings were originally had in district court, except that no new pleadings need be filed except as ordered by the district court.

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.

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
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