If the garnishee appears and answers and his or her disclosure is not satisfactory to the plaintiff, or if he or she fails to comply with the order of the court, by delivering the property and paying the money owing into court, or giving the undertaking required in section 25-1029 , the plaintiff may file an application within twenty days for determination of the liability of the garnishee. The application may controvert the answer of the garnishee, or may allege facts showing the existence of indebtedness of the garnishee to the defendant or of the property and credits of the defendant in the hands of the garnishee. The answer of the garnishee, if one has been filed, and the application for determination of the liability of the garnishee shall constitute the pleadings upon which trial of the issue of the liability of the garnishee shall be had. If the plaintiff fails to file such application within twenty days, the garnishee shall be released and discharged.
Neb. Rev. Stat. § 25-1030
Garnishee; answer; controvert; allegations; liability; release
Applied in 11 court decisions — leading case NC + Hybrids v. Growers Seed Ass'n (1985)
Most recently applied in Florence Lake Investments v. Berg (August 2022)
R.S.1867, Code § 225, p. 430; R.S.1913, § 7759; C.S.1922, § 8703; C.S.1929, § 20-1030; R.S.1943, § 25-1030; Laws 1951, c. 67, § 7, p. 204; Laws 1980, LB 597, § 12.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.