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Nebraska Order of Summons in Garnishment and Interrogatories (Prior to Judgment)

State:
Nebraska
Control #:
NE-SKU-0347
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PDF
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Description

Order of Summons In Garnishment And Interrogatories

The Nebraska Order of Summons in Garnishment and Interrogatories (Prior to Judgment) is a legal document that is issued by the court in order to compel a defendant to appear before the court and answer questions about property or finances that have been submitted to the court. This document is typically served by a sheriff, constable, or other law enforcement officer. The Order of Summons is served to the defendant along with a copy of the interrogatories. The Nebraska Order of Summons in Garnishment and Interrogatories (Prior to Judgment) is used when a plaintiff is seeking a judgment against a defendant prior to the court hearing. The Order of Summons requires the defendant to appear in court to answer questions about any property or money owed to the plaintiff or any other relevant information. The Order of Summons also requires the defendant to provide information regarding any assets or debts that may be subject to garnishment. The Order of Summons also requires the defendant to provide information regarding any other claims or defenses that may be asserted against the plaintiff. The Order of Summons further requires the defendant to provide a list of witnesses that may be called to testify at the hearing. There are two types of Nebraska Order of Summons in Garnishment and Interrogatories (Prior to Judgment): 1) an order to appear and answer interrogatories; and 2) an order to appear and answer interrogatories and to be subject to garnishment.

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FAQ

A. If you are the head of a family, a judgment creditor can garnish up to 15% of your disposable wages. If you are not the head of a family, a judgment creditor can garnish up to 25% of your disposable wages. If you believe your status as ?not the head of a family? is incorrect, you may request a hearing.

If wage garnishment means that you can't pay for your family's basic needs, you can ask the court to order the debt collector to stop garnishing your wages or reduce the amount. This is called a Claim of Exemption.

The Debt Collection Improvement Act authorizes federal agencies or collection agencies under contract with them to garnish up to 15% of disposable earnings to repay defaulted debts owed to the U.S. government.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

In Nebraska, for any workweek, a creditor may garnish the lesser of: 25% of your disposable earnings, or 15% of your disposable earnings if you're the head of a family, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.

In Nebraska, most creditors can't garnish your wages unless they have a valid judgment from the court. To get a judgment, a creditor must file a lawsuit against you, go to court, and present evidence that proves you owe the creditor money.

Any party may serve upon any other party written interrogatories to be answered by the party served or if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party.

In Nebraska, for any workweek, a creditor may garnish the lesser of: 25% of your disposable earnings, or 15% of your disposable earnings if you're the head of a family, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.

More info

July, 1983 ; Form Type. (3) Prior to final judgment in an action, no order of garnishment shall issue for wages due from an employer to an employee.The interrogatories shall be served simultaneously with the summons and writ of garnishment. (b) Answer to Interrogatories – Time for Filing. If the summons requires the hearing to be held at a different court or before a commissioner in chancery, also send or deliver a copy (marked "COPY") to that. NOTICE: The court has issued a garnishment summons against the garnishee named above for money or property. The Court entered a judgment ordering the other party to pay me money. Subd. 10.Exemption notice for prejudgment garnishment. Earning Withholding Order (Wage Garnishment). This means that the court will direct the bank to give the money to the judgment creditor.

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Nebraska Order of Summons in Garnishment and Interrogatories (Prior to Judgment)