State Garnishment Laws: Nebraska, Nevada, and New Hampshire

Here you will find judgment laws and rules which apply for the area of garnishments in the states of Nebraska, Nevada, and New Hampshire.  Realize that codes, regulations, and court rules change from time to time.  You will want to check to confirm that these statutes are up to date as of the time you need to apply them. State garnishment laws will dictate how you must proceed with implementing a garnishmentGarnishments are a primary part of judgment law.

Nebraska Procedural Requirements

After the issuing or return of an execution against property of the judgment
debtor and upon proof by affidavit or otherwise, to the satisfaction of the
judge, that any person or corporation has property of such judgment debtor, or
is indebted to him, the judge may, by an order, require such person or
corporation, or any officer or member thereof, to appear at a specified time and
place, within the county in which such person or corporation may be served with
the order to answer, and answer concerning the same. The judge may also, in his
discretion, require notice of such proceeding to be given to any party in the
action, in such manner as may seem to him proper. Neb. Rev. Statute. _ 25-1569.

The judge may order any property of the judgment debtor, not exempt by law,
in the hands of either himself or any other person or corporation, or due to the
judgment debtor, to be applied towards the satisfaction of the judgment. Neb.
Rev. Statute. _ 25-172. The judge may also, by order, appoint the sheriff of the
proper county, or other suitable person, a receiver of the property of the
judgment debtor, in the same manner and with the like authority as if the
appointment were made by the court. The judge may also, by order, forbid a
transfer or other disposition of the property of the judgment debtor, not exempt
by law, and any interference therewith. Neb. Rev. Statute. _ 25-1573.

In all cases when a judgment has been entered by any court of record and the
judgment creditor has filed an affidavit setting forth the amount due on the
judgment, interest, and costs in the office of the clerk of the court where the
judgment has been entered and that he or she has good reason to and does believe
that any person, partnership, limited liability company, or corporation, naming
him, her, or it, has property of and is indebted to the judgment debtor, the
clerk shall issue a summons which shall set forth the amount due on the
judgment, interest, and costs as shown in the affidavit and require such person
or entity to answer written interrogatories to be furnished by the plaintiff and
to be attached to such summons. The summons shall be returnable within ten days
from the date of its issuance and shall require the garnishee to answer within
ten days from the date of issuance. Except when wages are involved, the
garnishee shall hold the property of every description and the credits of the
defendant in his or her possession or under his or her control at the time of
the service of the summons and interrogatories until the further order of the
court. Neb. Rev. Statute. _ 25-1056.

The garnishee shall answer, under oath, all the interrogatories put to him
touching the property of every description and credits of the defendant in his
possession or under his control at the time of the service of the summons and
interrogatories, and he shall disclose truly the amount owing by him to the
defendant, whether due or not, and, in case of a corporation, any stock there in
held by or for the benefit of the defendant, at the time of the service of the
summons and interrogatories. The fee for filing of answer may be taxed and
collected in the same manner as other costs in such proceedings. Neb. Rev.
Statute. _ 25-1026.

The summons and order of garnishment and the interrogatories in duplicate, a
notice to the judgment debtor form, and a request for hearing form shall be
served upon the garnishee in the manner provided for service of a summons in a
civil action. The judgment creditor shall send to the judgment debtor by
certified mail to the last-known address of the judgment debtor a copy of the
summons and order of garnishment, a notice to judgment debtor form, and a
request for hearing form within three business days of issuance by the court and
shall certify in writing to the court the date of mailing. Neb. Rev. Statute. _
25-1011.

The party seeking garnishment shall advance the costs of transcripts and
docketing the matter in the district court. The district court shall be entitled
to the following fee in civil matters: For issuance of a writ of execution,
restitution, garnishment, attachment, and examination in aid of execution, a fee
of five dollars each. Neb. Rev. Statute. _ 25-1031.02.

Interest Rate at which Judgments Accrue Judgment interest on
decrees and judgments for the payment of money shall be fixed at a rate equal to
one percentage point above the bond equivalent yield, as published by the
Secretary of the Treasury of the United Statutees, of the average accepted
auction price for the last auction of 52 week United Statutees Treasury bills in
effect on the date of judgment. This interest rate shall not apply to an action
founded upon an oral or written contract in which the parties have agreed to a
rate of interest. Neb. Rev. Statute. _ 45103. Judgment interest shall accrue on
decrees and judgments for the payment of money from the date of rendition of
judgment until satisfaction of judgment. Neb. Rev. Statute. _ 45103.1.

Nevada Procedural Requirements

Process to enforce a judgment for the payment of money shall be a writ of
execution, unless the court directs otherwise. In aid of the judgment or
execution, the judgment creditor may obtain discovery from any person, including
the judgment debtor, in the manner provided in the Rules of Civil Procedure.
Nev. R. Civil. P. 69. After the issuing or return of an execution against
property of the judgment debtor and upon proof by affidavit or otherwise, to the
satisfaction of the judge, that any person or corporation has property of such
judgment debtor, or is indebted to him in an amount exceeding $50, the judge
may, by an order, require such person or corporation, or any officer or member
thereof, to appear at a specified time and place before him, or a master
appointed by him, and answer concerning the same. Nev. Rev. Statute. Ann. _
21.300.

The judge or master may order any property of the judgment debtor not exempt
from execution, in the hands of such debtor or any other person or due to the
judgment debtor, to be applied toward satisfaction of the judgment. Nev. Rev.
Statute. Ann. _ 21.320. If it appear that a person or corporation alleged to
have property of the judgment debtor, or indebted to him, claims an interest in
the property adverse to him, or denies the debt, the court or judge may
authorize, by an order made to that effect, the judgment creditor to institute
an action against such person or corporation for the recovery of such interest
or debt. The court or judge may, by order, forbid a transfer or other
disposition of such interest or debt until an action can be commenced and
prosecuted to judgment. Nev. Rev. Statute. Ann. _ 21.330.

Any person having a judgment remaining unsatisfied in any court of record in
the Statutee, upon which execution has been issued and delivered, and which
remains in the hands of the proper officer uncollected and unsatisfied, may,
without application to the court, have a writ of garnishment issued, and
thereupon attach the credits, effects, debts, choses in action and other
personal property of the judgment debtor in the possession or under the control
of any third person as garnishee, for the security of such judgment. Nev. Rev.
Statute. Ann. _ 31.450.

The writ of garnishment must be issued by the sheriff, contain the name of
the court and the names of the parties, be directed to the garnishee defendant,
Statutee the name and address of the plaintiff’s attorney, if any, otherwise the
plaintiff’s address, and summon each garnishee to appear before the court in
which the judgment was rendered by filing an answer to the interrogatories
within 20 days after service of the writ. The writ of garnishment must also
notify the garnishee defendant that, if he fails to answer the interrogatories,
a judgment by default will be rendered against him for the amount demanded in
the writ, or the value of the property described in the writ as the case may be,
which amount or property must be clearly set forth in the writ. Execution of the
writ of garnishment may occur only if the sheriff mails a copy of the writ with
a copy of the notice of execution to the defendant in the manner and within the
time prescribed in _ 21.076 (regular mail at his last known address, or if he is
represented by an attorney, at the attorney’s office). Nev. Rev. Statute. Ann. _
31.260.

The writ of garnishment shall be served by the sheriff of the county where
the garnishee defendant is found, unless the court directs otherwise, in the
same manner as provided for service of summons in a civil action. At the time of
service of the writ of garnishment, the garnishee shall be paid or tendered by
the judgment creditor or the officer serving the writ a fee of $5, and unless
such sum is paid or tendered to the garnishee defendant or the person upon whom
service is made for the garnishee defendant, service shall be deemed incomplete.
Nev. Rev. Statute. Ann. _ 31.270.

Debts and credits, due or to become due, from a bank incorporated under the
laws of the Statutee of Nevada or the laws of the United Statutees of America,
or other personal property held by the bank must be garnished by serving a copy
of the writ of garnishment on one or more of the following officers of the bank:
If the bank has no branches, trust department or military facility, on the
president, vice president, assistant vice president, cashier, assistant cashier,
manager or other managing officer in charge of the bank owing the debts, or
having in its possession or under its control the credits or other property. If
the bank has branches or military facilities owing the debts or having in its
possession or under its control the credits or other personal property, on the
vice president, assistant vice president, assistant cashier, manager or other
managing officer in charge of the branch or in charge of the military facility.
Service on that officer does not constitute a valid levy on any debt, credit or
other personal property owing by any other branch or military facility. If the
bank has a trust department owing the debts or having in its possession or under
its control the credits or other personal property, on the vice president and
trust officer, trust officer, assistant trust officer or other managing officer
of the trust department.

Savings and loan associations must be served in the same manner as banks. A
garnishment of these financial institutions creates a lien only upon the amounts
in the accounts or to the credit of the debtor at the time of service of the
writ of garnishment. An item in the process of collection is included in the
amount of an account unless the item is returned unpaid. Money in the accounts
that the garnishee has declared under oath and in answers to interrogatories to
be exempt from execution is not included in the amount of the account. No
garnishment may occur until the judgment debtor has been served with the notice
of execution in the manner prescribed by _ 21.076 (regular mail at his last
known address, or if he is represented by an attorney, at the attorney’s
office). Nev. Rev. Statute. Ann. _ 31.291.

Subject to order of the court, a garnishee defendant, upon whom a writ of
garnishment has been duly served, shall not pay any debt due or to become due to
the defendant and must retain in his possession and control, or deliver to the
sheriff, all personal property, effects, goods, chattels, rights, debts, credits
or choses in action of the defendant. Nev. Rev. Statute. Ann. _ 31.310.

Interest Rate at which Judgments Accrue When no rate of
interest is provided by contract or otherwise by law, or specified in the
judgment, the judgment draws interest from the time of service of the summons
and complaint until satisfied, except for any amount representing future
damages, which draws interest only from the time of the entry of the judgment
until satisfied, at a rate equal to the prime rate at the largest bank in Nevada
as ascertained by the commissioner of financial institutions on January 1 or
July 1, as the case may be, immediately preceding the date of judgment, plus 2
percent.

The rate must be adjusted accordingly on each January 1 and July 1 thereafter
until the judgment is satisfied. Nev. Rev. Statute. Ann. _ 17.130. Applicable
Forms Interrogatories, Nev. Rev. Statute. Ann. _ 31.290. Notice of Execution,
Nev. Rev. Statute. Ann. _ 31.045.

New Hampshire Procedural Requirements

The trustee writ shall be an attachment and summons, and shall be served upon
the defendant and trustee like a writ of summons, and the goods and eStatutee of
the defendant may be attached thereon. N.H. Rev. Statute. Ann. _ 512:3. When a
bank, trust company, building and loan association, or similar corporation is
named as trustee, the trustee shall be summoned by service on an officer, person
in charge, teller, or office employee of such entity at its office if service is
made during banking hours, and, if service is made at a time other than banking
hours, by service on an officer of such entity, and not otherwise. The trustee
so served shall not be chargeable for any goods, rights, or credits of the
defendant except as shall be in the hands of the trustee at the time of service.
N.H. Rev. Statute. Ann. _ 512:9-b.

Disclosure of trustees may be given or taken by any party to the action at
any time after the service of the writ upon the trustee, upon such notice to the
adverse party as is required in taking depositions and upon the payment or
tender to the trustee of his fees for travel and attendance as in the case of
witnesses. N.H. Rev. Statute. Ann. _ 512:12.

If a corporation or partnership is summoned as a trustee, the deposition of
the cashier, treasurer or other proper officer or agent of the corporation, or
of a member of the partnership, may be taken as the deposition of the trustee.
N.H. Rev. Statute. Ann. _ 512:14.

When judgment is recovered by the plaintiff against the defendant, execution
in favor of the plaintiff may be issued against the trustee for the amount for
which he is adjudged chargeable, as for his own debt, not exceeding the amount
of the judgment against the defendant, and against the defendant for any
balance. N.H. Rev. Statute. Ann. _ 512:36.

All writs and other processes shall at the time that they are served upon the
defendant indicate on such writ or process the time, place and mode of service
made upon the defendant, and shall further indicate any attachments made upon
the property of the defendant and the time, place and method of such
attachments. Such information shall be placed upon the writ by the sheriff,
deputy sheriff, or other person authorized by law who has made such service.
N.H. Rev. Statute. Ann. _ 510:2-a.

Interest Rate at which Judgments Accrue The annual rate of
interest on judgments and in all business transactions in which interest is paid
or secured, unless otherwise agreed upon in writing, shall equal 10 percent.
N.H. Rev. Statute. Ann. _ 336:1.

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If you need legal advice in order to apply these statutes, don’t hesitate to consult with a judgment lawyer who is licensed in your state.

You can find links to the complete sets of statutes for all 50 states by clinking on this link:

http://www.enforcementinstitute.com/?p=80

Good luck applying judgment laws in order to enforce your judgment!

Bryan

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