Nebraska Motion to Discharge or Quash Writ of Garnishment

State:
Multi-State
Control #:
US-02674BG
Format:
Word; 
Rich Text
Instant download

Description

The usual modes of attacking a garnishment directly are by motion to quash or vacate the writ of garnishment or to quash or discharge the writ. As a general rule, the defendant may file such a motion at any time after a writ of garnishment has been issued. However, the motion should be made at the earliest opportunity. Statutes or rules of some states may provide that a motion to quash a garnishment must be made within a specified period of time.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

A judgment lien in Nebraska will remain attached to the debtor's property (even if the property changes hands) for five years.

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.

Can creditors do this? May a creditor garnish the paycheck and all the bank account funds at the same time? Yes, a creditor may garnish paychecks and bank accounts at the same time unless you assert your exemption rights.

You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

A continuing lien remains in effect until the occurrence of any of the following events: (1) the underlying judgment is satisfied in full or vacated or expires; (2) the judgment debtor leaves the garnishee's employ for more than sixty days; (3) the judgment creditor releases the garnishment; (4) the proceedings are ...

Sadly, there is no statute in Nebraska that prevents them from doing just that. While some judges will not allow the creditor to ?double dip?, if you go to court and object, many judges allow the debt collector to garnish both.

Every person in Nebraska is entitled to protect up to $5,000 of any personal property--including funds on deposit with a bank--under Nebraska Statute 25-1552.

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Nebraska Motion to Discharge or Quash Writ of Garnishment