25-1030.01. Garnishee; application; notice; manner of service; corporate garnishee; liability.

423 words·~2 min read·/ne/chapter-25/25-1030-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Upon filing an application for determination of liability of the garnishee, the plaintiff shall give the garnishee and the defendant in the original action notice of the filing thereof and of the time and place of trial thereon. Subject to subsections

(2)and

(3)of this section, the notice shall be given within such time and in such manner as the court shall direct.

(2)For purposes of this section:

(a)Corporate entity means any corporation, limited liability company, limited liability partnership, or series limited liability company or any other corporate entity that is required by the statutes of Nebraska to have a registered agent for service of process in Nebraska; and

(b)Corporate entity does not include any financial institution as described in subsection

(6)of section 25-1056 .

(3)(a) If the garnishee is a corporate entity, notice under subsection

(1)of this section shall be served upon the location of the corporate entity's registered agent for service of process in this state.

(b)If service is unable to be accomplished as provided in subdivision (3)(a) of this section, such notice shall be served in accordance with section 25-509.01 .

(4)In a case involving a garnishment served upon a corporate entity against wages due to a judgment debtor, the corporate entity shall not be liable as a garnishee under this section unless the plaintiff shows:

(a)That service was made in accordance with subdivision (3)(a) of this section; or

(b)That service was made in accordance with subdivision (3)(b) of this section and:

(i)That a copy of the notice described in subsection

(1)of this section was sent to the location of the corporate entity's registered agent;

(ii)That the garnishee requested no such copy be sent to such location; or

(iii)That the corporate entity does not have a registered agent in this state.

A notice of hearing for the determination of garnishee liability was given as required by this section where the county court entered an order setting the hearing on garnishee liability and requiring "due service" of the order on the parties, and notice of hearing as originally set and notice of continued hearing were sent to same address as the initial summons and garnishment interrogatories. General Serv. Bureau v. Moller, 12 Neb. App. 288, 672 N.W.2d 41 (2003).

This section does not require that notice of a garnishee liability hearing be given in a manner consistent with service of process on corporations. General Serv. Bureau v. Moller, 12 Neb. App. 288, 672 N.W.2d 41 (2003).