S_NE PASS-19 — Nebraska ordinary consumer-debt wage garnishment and earnings exemptions
Actual fresh research date: October 26, 2026, Pacific / October 26, 2026 UTC
Mode/model: Regular Chat; GPT-5.6 Sol Pro
Review status: Same-project continuation for later coordinator review; not independent review.
This pass is limited to Nebraska postjudgment wage garnishment for ordinary unsecured consumer money judgments. It covers the creditor’s application, service, employer interrogatories, debtor notice and hearing, calculation of disposable earnings, the Nebraska head-of-family limitation, continuing liens, priority, employer liability, and the federal Consumer Credit Protection Act overlay.
PASS-18 and the other saved PASS-08 through PASS-17 reports remain unreviewed or awaiting review. No new conclusion from those reports is treated as an accepted premise here. The narrow prerequisite that an enforceable court judgment must exist was freshly verified from Nebraska’s current garnishment statutes.
This pass does not resolve bank-account garnishment, benefits tracing, execution against other property, exemptions outside earnings, child support, taxes, federal agency garnishment, federal student loans, bankruptcy, secured debt, underlying judgment validity, judgment interest, judgment dormancy, medical or governmental debt, local or tribal law, or foreign-country procedure.
Executive findings
Nebraska ordinary wage garnishment is a postjudgment, court-supervised statutory process. A creditor cannot begin withholding merely because a debt exists, an account is in default, a collector demands payment, a debt-settlement program fails, or a lawsuit has been filed. The creditor must have a judgment entered by a court of record, file a sworn garnishment affidavit in the court where that judgment was entered, identify the amount claimed due, and obtain a summons and interrogatories directed to the employer. Nebraska expressly prohibits prejudgment garnishment of wages. Nebraska Legislature+1
The employer must answer within ten days after service. Until the court enters a further order, the employer pays the exempt portion to the employee and retains only the potentially nonexempt portion. A continuing wage lien is not automatic: the employer’s answer must show employment or earnings due at service or within the next 60 days, there must be no successful written objection, the creditor must apply for the lien, and the court must enter an order. Nebraska Legislature+1
For an ordinary consumer judgment, the maximum garnishable amount is not automatically 25%:
Plain text
Non-head of family:
lesser of
• 25% of disposable earnings, or
• disposable earnings above the applicable minimum-wage floor
Head of family:
lesser of
• 15% of disposable earnings, or
• disposable earnings above the applicable minimum-wage floor
Nebraska defines “head of a family” as a person who actually supports and maintains one or more closely related dependents by blood, marriage, adoption, or guardianship, with family control and support based on a moral or legal obligation. The statute says the exemption must be granted without further proceedings. A hearing is nevertheless available when the creditor or employer has used the wrong classification or amount; the hearing corrects the calculation rather than creating the exemption. Nebraska Legislature+1
Nebraska currently uses the federal minimum wage in the floor calculation—not Nebraska’s state minimum wage. At the current federal rate of $7.25, no ordinary weekly garnishment is permitted when disposable earnings are $217.50 or less. Nebraska’s 2026 LB 871 would have altered exemption calculations, but it was indefinitely postponed on April 17, 2026 and is not operative law. Nebraska Legislature+2
A Nebraska continuing lien lasts 90 days from service of the writ and may be extended once for a second 90-day period if the creditor files the notice of extension during the 15 days immediately before the first period expires. It also terminates sooner if the judgment is satisfied, vacated, or expires; the employee leaves for more than 60 days; the creditor releases it; a court or bankruptcy stay applies; the employee has no nonexempt earnings for at least 60 days; or the court quashes it. Nebraska Legislature+1
Only one ordinary continuing lien against earnings may be in effect at a time. Nebraska priority ordinarily follows time of service, but support assignments and support garnishments are superior to ordinary consumer-debt garnishments. Federal law separately limits the aggregate amount withheld regardless of how many orders an employer receives. Nebraska Legislature+1
A. Actor and route matrix
| Actor |
Legal role in this component |
Required authority or action |
What the role does not establish |
| Original creditor |
May garnish only after becoming the judgment creditor |
Court judgment; sworn affidavit; summons; service; later court order |
The original contract alone does not authorize wage withholding |
| Debt buyer or assignee |
May proceed if it is the judgment creditor or legally entitled assignee |
Judgment and assignment or court-record authority; statutory garnishment process |
Purchase of an account alone is not a wage lien |
| Collection agency |
May act only as judgment creditor, lawful assignee, or authorized agent or attorney |
Actual authority and compliance with §§25-1056 and 25-1011 |
A collection license does not itself authorize garnishment |
| Judgment creditor’s lawyer or agent |
May sign/file the statutory affidavit on the creditor’s behalf |
Agency or attorney authority; sworn affidavit |
A demand letter or private payment instruction is not a writ |
| Employer/garnishee |
Answers the interrogatories, calculates exemptions, retains nonexempt earnings, and remits under court order |
Valid service; truthful sworn answer; continuing-lien order |
Employer does not decide the original merits of the judgment |
| Judgment debtor/employee |
Receives exempt earnings and may seek a hearing on exemption or amount |
Timely hearing request and supporting evidence |
Hearing does not retry or vacate the underlying judgment |
| Issuing court |
Issues summons, hears objections, orders transfer and continuing lien, resolves garnishee liability |
Existing judgment and statutory filings |
Judgment alone does not cause automatic payroll withholding |
| Wage garnishment payroll processor |
Can perform employer calculations and remittance administratively |
Employer authorization and compliance with writ/order |
Processor does not become a creditor or court |
| Independent contractor or gig worker |
Nebraska wage-garnishment classification is not established solely by compensation for services |
Actual employee/employer relationship or another controlling classification |
An invoice or 1099 payment is not automatically “wages” under Nebraska §25-1558 |
Nebraska’s wage definition is compensation paid or payable by an employer to an employee for personal services. The federal CCPA is worded more broadly as compensation for personal services of an individual, but application to a particular independent-contractor, gig, commission-only, or mixed business-payment arrangement remains fact-specific. A nonemployee receivable may instead present a nonwage garnishment issue, which is outside this pass. Nebraska Legislature+1
B. Nebraska postjudgment wage-garnishment workflow
B1. Judgment prerequisite
Nebraska permits garnishment in aid of execution only when a judgment has been entered by a court of record. The creditor files in the clerk’s office of the court that entered the judgment. A settlement agreement followed by dismissal is not itself the kind of court judgment supporting garnishment; nor is an unconfirmed private arbitration award or an enrolled debt-relief balance. Nebraska separately states that no prejudgment garnishment order may issue against wages due from an employer. Nebraska Legislature+2
B2. Creditor affidavit and summons
The creditor, agent, or attorney files an affidavit stating:
- the judgment;
- the amount presently due;
- interest;
- costs;
- the named employer or other garnishee; and
- the creditor’s good-faith belief that the garnishee owes earnings or holds property belonging to the debtor.
The clerk then issues the garnishment summons with the stated amount and written interrogatories. The summons is returnable within ten days after issuance and requires the employer to answer within ten days after service. Nebraska Legislature+1
The current county-court affidavit, CC 3:6, also asks the creditor to classify the debtor as head or non-head of a family for ordinary debt. That sworn classification is not conclusive; the debtor may challenge it. Nebraska Judicial Branch+1
B3. Service on employer
The garnishment materials are served on the garnishee in the manner used for a civil summons. For a corporate employer, current §25-1056 permits service under the corporate-service statute or by a mutually agreed method. If service is not on the registered agent, the creditor generally must send a copy to the registered-agent location unless the employer requested otherwise or has no Nebraska registered agent. The 2025 LB 150 amendments govern this corporate-service branch. Nebraska Legislature+1
B4. Separate notice to employee
The summons, interrogatories, debtor notice, and hearing-request form are served on the employer. Separately, within seven business days after the court issues the garnishment, the creditor must send the debtor by certified mail at the last-known address:
- a copy of the summons and order;
- the notice to judgment debtor; and
- the hearing-request form.
The creditor must certify the mailing date to the court. Nebraska Legislature
The debtor’s hearing deadline runs from receipt of the notice—not merely issuance or mailing—under the statutory wording. Without evidence of actual receipt, an exact individual deadline cannot be calculated here.
B5. Employer answer and interim retention
The employer must truthfully answer under oath:
- whether the debtor is employed;
- whether earnings were owed at service or will become due during the next 60 days;
- the applicable pay period;
- gross earnings;
- legally required deductions;
- disposable earnings;
- other garnishments or wage assignments;
- any existing continuing lien and its expiration; and
- the amount otherwise subject to the writ.
During this interim stage, the employer pays the employee all exempt disposable earnings and retains the potentially nonexempt amount until further court order. Nebraska Legislature+2
B6. Debtor hearing
The notice must explain that the debtor may request a hearing if:
- the funds or earnings are exempt; or
- the amount sought is not owed on the judgment.
The request must be filed within three business days after receipt of the notice, and the court must grant a hearing within ten days after the request. The proceeding can address such matters as incorrect head-of-family status, an erroneous disposable-earnings computation, credited payments, satisfaction, or an amount exceeding the judgment. It is not a second trial on the underlying debt. Nebraska Legislature+2
The current statute does not expressly assign a universal formal burden of proof for every head-of-family hearing. The current defendant packet and hearing form expect the debtor to identify the claimed exemption and present evidence. Older Nebraska annotations allocated certain exemption facts to the garnishee. The exact burden and acceptable evidence in a contested modern case remain fact- and court-specific. Nebraska Legislature+1
B7. Court order transferring earnings and creating continuing lien
A continuing lien may be ordered only if:
- the employer’s answer shows the debtor was an employee, earnings were owed at service, or earnings will be owed within 60 days;
- no written objection succeeds;
- the creditor applies for transfer and a continuing lien; and
- the court enters the order.
The initial earnings withheld after service remain held until that order. After the order, the employer sends the nonexempt earnings through the issuing court—each pay period or monthly—and pays the exempt portion to the employee each pay period. Nebraska Legislature+2
B8. Duration, extension, and termination
| Event |
Effect on ordinary continuing lien |
| 90 days pass after service |
Initial lien expires |
| Notice filed during the 15 days immediately before expiration |
One additional 90-day period |
| Judgment fully satisfied |
Lien invalid |
| Judgment vacated or expires |
Lien invalid |
| Employee leaves employer for more than 60 days |
Lien invalid |
| No nonexempt earnings for at least 60 days |
Lien invalid |
| Creditor releases garnishment |
Lien invalid |
| Court or bankruptcy stay |
Lien invalid |
| Court quashes garnishment |
Lien invalid |
A second 90-day period is the only extension authorized by the continuing-lien subsection. Continued collection after that period is not automatic; a later proceeding would require a new valid statutory process and a still-enforceable judgment. Nebraska Legislature+1
The current plaintiff packet instructs a creditor to file both a release of garnishee and a satisfaction of judgment once the judgment, allowed costs, and accrued interest are paid. That packet is operational guidance, while the statute itself makes the lien invalid upon satisfaction. Nebraska Judicial Branch+1
C. Earnings, disposable earnings, and the maximum formula
C1. Definitions
| Term |
Nebraska ordinary wage-garnishment meaning |
| Earnings |
Compensation paid or payable by an employer to an employee for personal services, including wages, salary, commission, bonus, and periodic pension or retirement payments |
| Disposable earnings |
Earnings remaining after deductions that are required by law |
| Garnishment |
Legal or equitable procedure requiring earnings to be withheld for payment of debt |
| Head of a family |
Person actually supporting and maintaining one or more closely connected dependents by blood, marriage, adoption, or guardianship, based on moral or legal support obligations |
C2. Formula
Let:
Plain text
D = disposable earnings for the pay period
F = protected minimum-wage floor for that pay period
For a debtor who is not head of a family:
Plain text
Maximum ordinary withholding
= max(0, lesser of:
25% × D
D − F)
For a debtor who is head of a family:
Plain text
Maximum ordinary withholding
= max(0, lesser of:
15% × D
D − F)
The 15% Nebraska branch is more protective than the federal 25% percentage ceiling and remains effective because federal law preserves state laws allowing less garnishment. The federal minimum-wage floor still applies. Nebraska Legislature+1
C3. Current pay-period floors
At the current $7.25 federal minimum wage:
| Pay period |
Earnings fully protected by minimum-wage floor |
Point at or above which federal 25% branch is normally lower |
| Weekly |
$217.50 |
$290.00 |
| Biweekly |
$435.00 |
$580.00 |
| Semimonthly |
$471.25 |
$628.33 |
| Monthly |
$942.50 |
$1,256.66 |
The federal regulation treats a month as 4⅓ workweeks and transforms the weekly formula for longer pay periods. The rate in effect when earnings are paid or payable, not when the writ was issued, controls. eCFR+1
For a head of family, the 15% percentage becomes the limiting branch sooner, but the minimum-wage floor still protects all earnings below the applicable floor and may limit withholding in the transition range.
C4. Required versus voluntary deductions
Generally subtracted before computing disposable earnings
- federal income tax;
- state and local income tax;
- Social Security;
- Medicare;
- state unemployment tax;
- a retirement contribution required by law.
Generally not subtracted
- voluntary health or life insurance;
- union dues;
- charitable donations;
- voluntary retirement contributions;
- savings-bond purchases;
- payroll advances;
- employee merchandise purchases;
- voluntary wage assignments.
The DOL descriptions are federal interpretive guidance consistent with Nebraska’s “required by law” text. A deduction’s label is not conclusive; whether it is legally mandatory depends on the actual law and payroll arrangement. Department of Labor+1
C5. Bonuses, commissions, tips, and retirement
Nebraska’s statute expressly includes commissions, bonuses, and periodic pension or retirement payments. Federal guidance also treats lump sums as earnings when paid for personal services, while excluding amounts unrelated to personal services. Nebraska Legislature+1
For tipped employees, federal guidance treats employer-paid cash wages and an employer’s lawful tip credit as earnings, but not direct tips exceeding that amount. Nebraska’s statute does not separately explain the treatment of direct tips, so the precise Nebraska result remains held. Department of Labor
Although periodic pension payments fall within the earnings definition, undistributed retirement-plan assets may be protected by separate federal anti-alienation rules. Florence Lake confirms that a plan administrator still must answer garnishment interrogatories even when the asset may ultimately be exempt. Full retirement-benefit garnishment remains outside this pass. Nebraska Legislature+1
D. Priority and multiple withholding orders
D1. Nebraska priority
Nebraska ranks garnishments and liens by time of service, subject to statutory preferences. Support wage assignments and support garnishments are superior to ordinary consumer-debt garnishments. Only one ordinary continuing wage lien can be in effect at one time. The employer’s answer must disclose an existing lien, its termination date, and the case from which it arose. Nebraska Legislature
D2. Federal aggregate ceiling
The federal CCPA does not establish priority among orders; state and other federal law do. It does, however, cap aggregate withholding. An employer cannot multiply the available 25% merely because two or more creditors served orders. Department of Labor+1
A prior support order can consume all room for an ordinary debt garnishment. Federal regulations expressly provide that when at least 25% of disposable earnings is already withheld for support, no additional ordinary CCPA-limited garnishment is allowed. eCFR
D3. Operational sequence
Plain text
1. Determine gross earnings.
2. Subtract only legally required deductions.
3. Determine Nebraska head-of-family status.
4. Calculate the applicable ordinary aggregate ceiling.
5. Identify superior support, tax, bankruptcy, or federal orders.
6. Apply Nebraska service priority.
7. Subtract prior withholding from the applicable aggregate room.
8. Withhold no more than the remaining lawful amount.
A later ordinary creditor does not obtain a simultaneous second continuing lien merely because the first creditor is withholding less than the mathematical ceiling. Nebraska permits only one continuing lien against earnings at a time. Nebraska Legislature
E. Debtor hearing, exemption, and contest procedure
E1. Automatic protection versus hearing remedy
Section 25-1558 says a court may not enforce a process that exceeds the earnings limits and that the exemptions must be granted without further proceedings. The 15% head-of-family ceiling is therefore substantive protection, not a discretionary concession obtained only after a hearing. Nebraska Legislature
The hearing mechanism exists because the creditor’s affidavit, employer’s answer, or payroll calculation can be wrong. The current forms specifically permit a debtor to assert:
- the amount is not owed on the judgment;
- head-of-family status was omitted or misclassified; or
- funds or earnings are exempt. Nebraska Judicial Branch+1
E2. Timing matrix
| Event |
Statutory timing |
| Court issues garnishment papers |
Event I |
| Creditor mails copies to debtor |
Within 7 business days after I |
| Debtor receives notice |
Event R |
| Debtor files hearing request |
Within 3 business days after R |
| Court grants hearing |
Within 10 days after request |
Nebraska generally excludes the triggering day and extends an endpoint falling on Saturday, Sunday, or a court holiday to the next open court day unless a more specific rule controls. Because the debtor’s three-business-day period depends on actual receipt, a mailing date alone is insufficient to calculate the endpoint. Nebraska Legislature+1
E3. Scope of hearing
The hearing does not provide a new trial on:
- whether the original creditor should have won;
- contract formation;
- the merits of defenses that should have been asserted before judgment;
- damages already fixed by the judgment; or
- whether the judgment should be vacated.
It can address whether the garnishment seeks more than remains due, whether payments were omitted, whether earnings are exempt, or whether the head-of-family or payroll calculation is wrong. Separate judgment-vacatur procedures remain outside this pass. Nebraska Judicial Branch+1
E4. Evidence
Potentially relevant evidence includes:
- pay stubs;
- payroll deduction details;
- dependent relationships;
- proof of actual support and maintenance;
- guardianship or adoption records where relevant;
- payment receipts;
- satisfaction or release documents;
- the judgment and garnishment affidavit; and
- employer interrogatory answers.
The current defendant packet instructs the debtor to bring organized copies with dates and page numbers, but it does not prescribe an exclusive evidentiary list or shift every burden. Nebraska Judicial Branch
F. Employer duties, liability, and discharge protection
F1. Employer duties
The employer must:
- answer all proper interrogatories truthfully and under oath;
- disclose earnings due at service and earnings expected within 60 days;
- identify pay period and deductions;
- disclose prior garnishments and liens;
- pay exempt earnings to the employee;
- retain potentially nonexempt earnings until the court acts;
- after a continuing-lien order, remit nonexempt earnings each pay period or monthly;
- comply with the statutory cap and priorities; and
- stop when the lien becomes invalid or is released. Nebraska Legislature+1
The filing fee for the employer’s answer may be taxed as a court cost. No statute reviewed here authorizes the employer to deduct an invented payroll “processing fee” from the employee’s protected wages. Nebraska Legislature
F2. Failure to answer
Failure to answer creates a rebuttable presumption that the employer owes the debtor the full amount of the creditor’s claim. A court may enter judgment against the employer only after notice in the time and manner directed by the court and after determining what amount is actually due. The presumption is not an automatic, irrevocable default judgment. Nebraska Legislature
F3. Creditor challenge to employer answer
If the creditor finds the answer unsatisfactory or alleges noncompliance, the creditor must file an application to determine the employer’s liability within 20 days. The employer’s answer and creditor’s application become the pleadings. If no timely application is filed, the employer is released and discharged from that contested garnishment liability. Nebraska Legislature+1
At the resulting civil trial, the creditor bears the burden of showing that, at the time of service, the employer owed the debtor earnings or held property that the debtor could legally recover from the employer. The creditor’s rights rise no higher than the debtor’s rights against the garnishee. Nebraska Legislature+1
F4. Corporate employer notice
For a corporate employer, a later application to determine garnishee liability must be served through the registered-agent route or the statutory alternative. The 2025 amendments prevent corporate-employer liability in a wage case unless the specified service and registered-agent-copy conditions are met. Nebraska Legislature
F5. Anti-discharge protection
Both Nebraska and federal law prohibit an employer from discharging an employee because earnings were garnished for one indebtedness. Multiple levies or proceedings seeking the same debt remain one indebtedness under DOL guidance. The statutory wording does not provide the same protection after garnishments for a second distinct debt, though other laws or employment protections could apply. Nebraska Legislature+2
The federal Wage and Hour Division enforces Title III. A willful federal violation can carry an authorized maximum fine of $1,000, imprisonment for up to one year, or both. DOL guidance says enforcement may include reinstatement, back wages, and restoration of improperly garnished amounts. These are enforcement possibilities, not automatic awards upon an allegation. U.S. Code+2
Nebraska §25-1558 contains the state discharge prohibition but does not itself state a comprehensive private damages formula or enforcement procedure. Whether another Nebraska remedy is available remains outside this focused pass.
G. Material Nebraska decisions
| Decision |
Facts and posture |
Holding used here |
Limit |
| Bocanegra v. Gonzalez, 321 Neb. 738 (2026) |
Postjudgment garnishment against an insurer; Nebraska Supreme Court considered the limits of garnishment jurisdiction |
Garnishment is a purely statutory legal remedy; courts cannot permit a route outside the Legislature’s framework; creditor’s claim against garnishee rises no higher than debtor’s |
Insurance facts; not a payroll-calculation case |
| Florence Lake Investments v. Berg, 312 Neb. 183 (2022) |
Judgment creditor garnished a retirement-plan administrator; appeal involved garnishee liability and finality |
Garnishment is postjudgment enforcement; garnishee liability is measured at service; plan administrator must disclose property even where exemption may later apply; final garnishee-liability order may affect a substantial right |
Retirement/ERISA issues remain separate |
| Huntington v. Pedersen, 294 Neb. 294 (2016) |
Creditor challenged garnishee answers outside or within the statutory process |
Twenty-day application to determine garnishee liability is mandatory; creditor bears the burden of framing and proving garnishee liability |
Nonwage property facts do not alter wage-specific caps |
| Friedman v. Friedman, 290 Neb. 973 (2015) |
Foreign judgment followed by wage garnishment; creditor classified debtor as non-head, debtor sought hearing |
Demonstrates the procedural availability of a hearing to correct head-of-family classification; appellate court declined issues not preserved below |
Does not create a new substantive definition or universal burden rule |
H. Official forms and public instructions
| Form/resource |
Full literal URL |
Version/read bounds |
Purpose and legal limit |
| CC 3:6 — Affidavit and Praecipe for Summons in Garnishment |
https://nebraskajudicial.gov/sites/default/files/CC-3-6.pdf |
Rev. 03/2022; 3 pages; p.1/PDF index 0 inspected |
Creditor’s sworn judgment-balance and garnishee application; form does not prove amount or head-of-family status |
| CC 3:8P — Garnishment Interrogatories |
https://nebraskajudicial.gov/sites/default/files/CC-3-8P.pdf |
Rev. 01/2025; 3 pages; all parsed; pp.1–2 inspected |
Employer’s employment, payroll, deduction, priority, and lien answers |
| CC 3:8A — Employer Instructions for Garnishments |
https://nebraskajudicial.gov/sites/default/files/CC-3-8A.pdf |
Rev. 01/2025; 1 page inspected |
Payroll calculation guidance; statutes control |
| CC 3:8B — Notice to Judgment Debtor |
https://nebraskajudicial.gov/sites/default/files/CC-3-8B.pdf |
Rev. 10/2020; 2 pages; p.1 inspected |
Explains exemptions, hearing, and continuing lien; not individualized advice |
| CC 3:8N — Request for Hearing on Garnishment |
https://nebraskajudicial.gov/sites/default/files/CC-3-8N.pdf |
Direct PDF currently displays Rev. 03/2022; 3 pages; p.1/PDF index 0 inspected. Defendant packet referencing it is Rev. 08/2026 |
Raises amount, head-of-family, or exemption issue; does not retry the judgment |
| CC 3:8D — Application of Continuing Lien |
https://nebraskajudicial.gov/sites/default/files/CC-3-8D.pdf |
Rev. 02/2016; 1 page read |
Creditor requests court order after employer answer |
| CC 3:8M — Order of Continuing Lien |
https://nebraskajudicial.gov/sites/default/files/CC-3-8-M.pdf |
Rev. 02/2016; 3 pages; p.1/PDF index 0 inspected |
Court order creating 90-day lien; does not issue automatically |
| CC 3:8E — Notice of Extension |
https://nebraskajudicial.gov/sites/default/files/CC-3-8E.pdf |
Rev. 06/2015; 2 pages read |
One second 90-day period; must fit statutory filing window |
| CC 3:8F — Release of Garnishee |
https://nebraskajudicial.gov/sites/default/files/CC-3-8F.pdf |
Rev. 05/2015; 1 page read |
Notifies employer that withholding should stop |
| CC 3:8C.1 — Application to Deliver Nonexempt Funds |
https://nebraskajudicial.gov/sites/default/files/CC-3-8C-1.pdf |
Rev. 05/2019; 1 page read |
Requests transfer of held nonexempt funds; not self-executing |
| CC 3:8.20 — Garnishment Packet, Plaintiff |
https://nebraskajudicial.gov/sites/default/files/CC-3-8-20.pdf |
NEW 06/2026; 7 pages; pp.2 and 5/PDF indices 3 and 6 inspected |
Current county-court self-help workflow; guidance does not replace statutes or court orders |
| CC 3:8.21 — Garnishment Packet, Defendant |
https://nebraskajudicial.gov/sites/default/files/CC-3-8-21.pdf |
Rev. 08/2026; 7 pages; wage-hearing page inspected |
Current debtor self-help workflow and evidence reminder |
I. Master actor-stage-consequence matrix
| Stage |
Actor |
Trigger/document |
Timing or formula |
Consequence |
Gap or hold |
| Judgment prerequisite |
Creditor |
Court judgment |
Before wage writ |
Garnishment route becomes potentially available |
Judgment validity and duration remain outside this pass |
| Affidavit |
Creditor/agent/lawyer |
CC 3:6 or equivalent sworn filing |
Judgment balance, interest, costs |
Clerk issues summons |
Accuracy and authority remain provable |
| Garnishee service |
Creditor/court |
Summons, order, interrogatories, debtor forms |
Summons returnable in 10 days |
Employer becomes statutory garnishee |
Exact service proof required |
| Debtor mailing |
Creditor |
Certified-mail copies |
Within 7 business days after issuance |
Starts notice process |
Actual receipt date may be unknown |
| Employer answer |
Employer |
CC 3:8P or equivalent |
Within 10 days after service |
Identifies employment, pay, deductions, prior orders |
False/incomplete answer can create liability |
| Interim withholding |
Employer |
Valid writ |
From service |
Exempt paid to employee; potentially nonexempt retained |
No transfer to creditor before order |
| Hearing request |
Debtor |
CC 3:8N or equivalent |
Within 3 business days after receipt |
Court hearing within 10 days |
Receipt and evidence facts required |
| Continuing-lien application |
Creditor |
CC 3:8D |
After qualifying answer and no successful objection |
Court considers lien |
Not automatic |
| Continuing-lien order |
Court |
CC 3:8M or equivalent |
90 days from writ service |
Employer remits nonexempt earnings |
One extension only |
| Extension |
Creditor |
CC 3:8E |
During 15 days immediately before expiration |
Second 90 days |
No automatic third period |
| Priority |
Employer/court |
Service chronology and existing orders |
Support superior; one continuing ordinary lien |
Later order waits or receives no concurrent lien |
Other federal order priorities excluded |
| Garnishee-answer dispute |
Creditor |
Application under §25-1030 |
Within 20 days |
Civil trial on garnishee liability |
Creditor bears burden |
| Failure to answer |
Employer |
No interrogatory answer |
Court-directed notice first |
Rebuttable presumption and possible judgment |
Not automatic liability |
| Satisfaction/release |
Creditor/court |
CC 3:8F and satisfaction filing |
On full satisfaction or other terminating event |
Employer stops withholding |
Judgment-satisfaction procedure remains separate |
| Employer discharge |
Employer |
Garnishment for one indebtedness |
Ongoing |
Discharge prohibited |
Nebraska private-remedy route unresolved |
J. Bounded worked examples
All examples are hypothetical. They calculate only a maximum withholding under the stated assumptions. They do not establish a valid judgment, lawful interest, creditor standing, priority, or permission to garnish.
For cents, the examples round only the final calculated amount to the nearest cent. No separate Nebraska payroll-rounding rule was located.
Example 1 — low weekly disposable earnings
Assumptions
- Ordinary consumer judgment.
- Weekly disposable earnings: $200.00.
- No superior order.
- Current federal minimum wage: $7.25.
Plain text
Weekly floor:
30 × $7.25 = $217.50
Amount above floor:
$200.00 − $217.50 = negative → $0.00
25% branch:
$200.00 × 25% = $50.00
Maximum:
lesser of $0.00 and $50.00 = $0.00
Result: no ordinary wage garnishment, whether or not the debtor is head of a family.
Example 2 — weekly transition range
Assumptions
- Disposable earnings: $240.00 weekly.
Plain text
Amount above floor:
$240.00 − $217.50 = $22.50
Non-head percentage:
$240.00 × 25% = $60.00
Head-of-family percentage:
$240.00 × 15% = $36.00
Plain text
Non-head maximum = lesser of $60.00 and $22.50 = $22.50
Head maximum = lesser of $36.00 and $22.50 = $22.50
At this income level, the minimum-wage floor—not the percentage—controls both branches.
Example 3 — weekly head-of-family difference
Assumptions
- Disposable earnings: $400.00 weekly.
Plain text
Amount above floor:
$400.00 − $217.50 = $182.50
Non-head:
$400.00 × 25% = $100.00
Maximum = lesser of $100.00 and $182.50 = $100.00
Head of family:
$400.00 × 15% = $60.00
Maximum = lesser of $60.00 and $182.50 = $60.00
The 15% Nebraska protection reduces the hypothetical ordinary withholding by $40.00.
Example 4 — biweekly earnings
Assumptions
- Biweekly disposable earnings: $900.00.
- Protected floor: $435.00.
Plain text
Amount above floor:
$900.00 − $435.00 = $465.00
Non-head:
$900.00 × 25% = $225.00
Maximum = $225.00
Head of family:
$900.00 × 15% = $135.00
Maximum = $135.00
Example 5 — required versus voluntary deductions
Hypothetical semimonthly payroll
Plain text
Gross earnings $1,600.00
Federal/state/FICA deductions required -350.00
Voluntary health insurance -100.00
Voluntary retirement contribution -100.00
Only the $350 required deductions are subtracted for this calculation:
Plain text
Disposable earnings:
$1,600.00 − $350.00 = $1,250.00
The voluntary $200 remains part of disposable earnings.
Plain text
Semimonthly floor $471.25
Amount above floor:
$1,250.00 − $471.25 = $778.75
Non-head:
$1,250.00 × 25% = $312.50
Maximum = $312.50
Head of family:
$1,250.00 × 15% = $187.50
Maximum = $187.50
This does not determine whether a particular retirement deduction is legally required; that payroll fact must be verified.
Example 6 — monthly earnings near the protected floor
Assumptions
- Monthly disposable earnings: $1,000.00.
- Monthly floor: $942.50.
Plain text
Amount above floor:
$1,000.00 − $942.50 = $57.50
25% branch:
$1,000.00 × 25% = $250.00
15% branch:
$1,000.00 × 15% = $150.00
Both classifications yield:
Plain text
Maximum = $57.50
because the floor is more protective than either percentage.
Example 7 — superior support withholding leaves no ordinary room
Assumptions
- Weekly disposable earnings: $500.00.
- Existing support withholding: $200.00.
- Debtor is not head of family for the ordinary-debt branch.
Plain text
Ordinary aggregate ceiling:
$500.00 × 25% = $125.00
Existing superior support withholding:
$200.00
Remaining ordinary CCPA room:
$125.00 − $200.00 = negative → $0.00
Result: no additional ordinary consumer-debt withholding for that pay period. The support order may itself lawfully exceed the ordinary 25% ceiling under separate support rules.
Example 8 — multiple ordinary creditors
Assumptions
- Weekly disposable earnings: $600.00.
- Debtor is not head of family.
- First ordinary continuing lien is active.
- Second ordinary creditor later serves the employer.
Plain text
Aggregate ordinary ceiling:
$600.00 × 25% = $150.00
First lien:
up to $150.00, subject to its judgment balance
Second continuing lien:
cannot operate concurrently under Nebraska's one-lien rule
The second creditor does not obtain another $150.00 simply because it also has a judgment. Its order and priority require the statutory process and the end of the prior continuing lien.
Example 9 — worker classification unknown
Facts
- A person receives a $1,200 invoice payment for project work.
- The payer calls the person an independent contractor.
- The payment includes labor plus materials and reimbursement.
- No payroll records establish an employer-employee relationship.
Result
Plain text
Nebraska §25-1558 employee earnings not established
Federal personal-service earnings amount not separable
Ordinary wage formula held
The creditor cannot safely apply a 15% or 25% wage formula without resolving classification and payment components. Nonwage garnishment of an account receivable is a separate component.
Example 10 — hearing deadline with unknown receipt
Define:
Plain text
I = court issuance date
M = creditor's certified-mail date
R = debtor's actual receipt date
H = debtor's filing date
Required sequence:
Plain text
M must occur within 7 business days after I
H must occur within 3 business days after R
Court must grant hearing within 10 days after H
If the record shows mailing but not actual receipt, R is unknown and the exact three-business-day endpoint cannot be calculated. The creditor’s mailing date cannot simply replace the statutory receipt trigger.
Example 11 — continuing lien expires or ends early
Assumptions
- Writ served on event date S.
- Court later enters continuing-lien order.
- No extension has yet been filed.
Plain text
Initial statutory endpoint:
S + 90 days
Extension filing window:
the 15 days immediately before that endpoint
Maximum extended duration:
one second 90-day period
Alternative events:
Plain text
Judgment satisfied on day 40 → lien invalid on satisfaction
Employee leaves for >60 days → lien invalid
No nonexempt earnings for 60 days → lien invalid
Court issues stay → lien invalid while statutory condition applies
A payroll system should not continue to withhold merely because its original setup date extends beyond a statutory termination event.
Example 12 — amount due on judgment is disputed
Facts
- Garnishment affidavit states $8,000 remains due.
- Debtor has proof of a $1,500 postjudgment payment not reflected in the affidavit.
- Interest and taxable costs are not supplied.
Plain text
Affidavit balance $8,000
Documented omitted payment -1,500
Provisional arithmetic $6,500
The $6,500 arithmetic does not establish the lawful remaining balance because interest, costs, allocation, reversals, and satisfaction terms are unknown. The hearing can address the amount presently owing; it does not retry liability fixed by the judgment.
Example 13 — employment discharge protection
Same indebtedness
An employer receives three successive garnishment writs over time, all collecting the same judgment.
Plain text
Number of writs 3
Underlying indebtedness 1
Federal/Nebraska discharge ban potentially applies
Different indebtedness
A later writ concerns a completely separate judgment owed to another creditor.
The one-indebtedness language no longer supplies the same statutory protection. That does not affirmatively authorize discharge under every other employment law or contract.
K. Source register
| Source ID |
Authority and full literal URL |
Exact scope, version, and access |
| S_NE-P19-S001 |
Neb. Rev. Stat. §25-1056, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=25-1056 |
Complete subsections (1)–(7), including affidavit, summons, interim wage retention, continuing lien, termination, priority, corporate service. Current official codification; amended by 2025 LB 150 §§22; freshly read October 26, 2026 Pacific/UTC. Nebraska Legislature+3 |
| S_NE-P19-S002 |
Neb. Rev. Stat. §§25-1010 and 25-1011, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=25-1010; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1011 |
§25-1010(1)–(3), especially prejudgment-wage prohibition; §25-1011(1)–(5), service, certified mailing, notice contents, three-business-day request, ten-day hearing. Current official text freshly read October 26, 2026. Nebraska Legislature+1 |
| S_NE-P19-S003 |
Neb. Rev. Stat. §25-1558, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=25-1558 |
Complete subsections (1)–(7): caps, exceptions, automatic protection, definitions, exempt-wage assignments, discharge protection, other pay periods. Current official codification; latest displayed enactment history 2001 LB 489; freshly read October 26, 2026. Nebraska Legislature+1 |
| S_NE-P19-S004 |
Neb. Rev. Stat. §§25-1026–25-1031.01, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=25-1026; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1027; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1028; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1029; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1030; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1030.01; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1030.02; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1030.03; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1031; https://nebraskalegislature.gov/laws/statutes.php?statute=25-1031.01 |
Complete operative garnishee-answer, payment, failure-to-answer, liability challenge, trial, exemption intervention, final discharge, and conclusiveness provisions. §25-1030.01 amended by 2025 LB 150. Freshly read October 26, 2026. Nebraska Legislature+9 |
| S_NE-P19-S005 |
Neb. Rev. Stat. §25-2221, Nebraska Legislature. https://nebraskalegislature.gov/laws/statutes.php?statute=25-2221 |
Complete current computation rule and holiday list; freshly read October 26, 2026. Used only where no more specific timing rule controls. Nebraska Legislature |
| S_NE-P19-S006 |
Bocanegra v. Gonzalez, 321 Neb. 738 (2026), Nebraska Supreme Court. https://www.nebraska.gov/apps-courts-epub/public/viewAdvanced?docId=N00013335PUB |
Final published opinion filed July 10, 2026. Relevant printed pp.751–752/PDF indices 13–14 inspected: creditor-right ceiling and purely statutory remedy. Insurance-reformation merits not used. Nebraska.gov+1 |
| S_NE-P19-S007 |
Florence Lake Investments v. Berg, 312 Neb. 183 (2022). https://www.nebraska.gov/apps-courts-epub/public/viewAdvanced?docId=N00008782PUB |
Final Nebraska Supreme Court opinion. Relevant printed pp.184–185/PDF indices 1–2 and p.195/index 12 inspected: postjudgment enforcement, final order, garnishee rights, plan disclosure. Full ERISA analysis not imported. Nebraska.gov+1 |
| S_NE-P19-S008 |
Huntington v. Pedersen, 294 Neb. 294 (2016). https://www.nebraska.gov/apps-courts-epub/public/viewCertified?docId=N00010005PUB |
Final published Nebraska Supreme Court opinion. Printed p.294/PDF index 0 and p.301/index 7 inspected: burden and mandatory 20-day garnishee-liability application. Nebraska.gov+1 |
| S_NE-P19-S009 |
Friedman v. Friedman, 290 Neb. 973 (2015). https://www.nebraska.gov/apps-courts-epub/public/viewCertified?docId=N00004894PUB |
Final published Nebraska Supreme Court opinion. Printed pp.976–977/PDF indices 3–4 and p.983/index 10 inspected. Used only for head-of-family hearing posture and preservation limits. Nebraska.gov+2 |
| S_NE-P19-S010 |
15 U.S.C. §§1672–1677, Office of Law Revision Counsel. https://uscode.house.gov/us/usc/119-124/t15/s1672/; https://uscode.house.gov/us/usc/119-124/t15/s1673/; https://uscode.house.gov/us/usc/119-124/t15/s1674/; https://uscode.house.gov/us/usc/119-124/t15/s1675/; https://uscode.house.gov/us/usc/119-124/t15/s1676/; https://uscode.house.gov/us/usc/119-124/t15/s1677/ |
Complete current federal definitions, amount cap, support/tax/bankruptcy exceptions, one-debt discharge protection, WHD enforcement, and state-law preservation. Pages display laws through Public Law 119-124, October 15, 2026; freshly read October 26, 2026. U.S. Code+5 |
| S_NE-P19-S011 |
29 C.F.R. Part 870, eCFR. https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-D/part-870 |
§§870.1, 870.10, 870.11, and 870.57 read. Title 29 displayed current through October 22, 2026 and last amended October 14, 2026. eCFR is authoritative but unofficial. eCFR+3 |
| S_NE-P19-S012 |
DOL Fact Sheet #30, Wage and Hour Division. https://www.dol.gov/agencies/whd/fact-sheets/30-cppa |
December 2024 guidance; complete material sections on required deductions, pay-period thresholds, earnings, tips, multiple orders, and discharge protection read. Guidance expressly says it is general information, not equivalent to formal regulatory statements. Department of Labor+3 |
| S_NE-P19-S013 |
DOL Employment Law Guide — Wage Garnishment. https://webapps.dol.gov/elaws/elg/garnish.htm |
Public guidance updated December 2016; coverage, one-debt protection, WHD enforcement, and potential remedies read. Not a current regulation or adjudication. Web Apps DOL |
| S_NE-P19-S014 |
LB 871 legislative status, Nebraska Legislature. https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=63091 |
Introduced January 8, 2026; indefinitely postponed April 17, 2026. Not operative authority. Used only to prevent treating the proposed Nebraska-minimum-wage substitution as current law. Nebraska Legislature |
| S_NE-P19-S015 |
Nebraska Judicial Branch county-court garnishment forms and packets. Full URLs listed in Part H. |
Direct PDFs freshly read October 26, 2026; key PDF pages visually inspected. Versions range from 2015 through August 2026. Forms are operational aids, not independent substantive authority. Nebraska Judicial Branch+10 |
L. Claim register
| Claim ID |
Precise claim |
Source/pinpoint |
Predicates, consequence, confidence |
| S_NE-P19-C001 |
Ordinary wage garnishment requires a judgment entered by a court of record. |
S001 §25-1056(1); S002 §25-1010(3) |
Postjudgment only; high |
| S_NE-P19-C002 |
Nebraska prohibits prejudgment garnishment of wages due from employer to employee. |
S002 §25-1010(3) |
Wage-only boundary; high |
| S_NE-P19-C003 |
Creditor or authorized agent/attorney files sworn affidavit in the court that entered judgment. |
S001 §25-1056(1) |
Authority and balance must be accurate; high |
| S_NE-P19-C004 |
Summons is returnable within ten days of issuance; employer answers within ten days after service. |
S001 §25-1056(1) |
Valid service required; high |
| S_NE-P19-C005 |
Employer pays exempt earnings and retains potentially nonexempt earnings until court order. |
S001 §25-1056(1) |
Interim stage; high |
| S_NE-P19-C006 |
Creditor must mail debtor copies by certified mail within seven business days after issuance. |
S002 §25-1011(2) |
Last-known address and certification required; high |
| S_NE-P19-C007 |
Debtor hearing request is due within three business days after receipt. |
S002 §25-1011(4)(d) |
Actual receipt trigger; high |
| S_NE-P19-C008 |
Court must grant hearing within ten days after request. |
S002 §25-1011(5) |
High |
| S_NE-P19-C009 |
Hearing can address exemption or amount not owed on judgment, not retrial of original liability. |
S002; S015 CC 3:8N/packets |
High for route; exact evidence fact-specific |
| S_NE-P19-C010 |
Head-of-family exemption is substantive and granted without further proceedings. |
S003 §25-1558(3) |
Hearing corrects disputed classification; high |
| S_NE-P19-C011 |
Ordinary non-head maximum is lesser of 25% disposable earnings and amount above minimum-wage floor. |
S003 §25-1558(1)(a)–(b) |
Exceptions excluded; high |
| S_NE-P19-C012 |
Head-of-family ordinary maximum additionally cannot exceed 15% disposable earnings. |
S003 §25-1558(1)(c), (4)(d) |
Actual support/relationship facts required; high |
| S_NE-P19-C013 |
Nebraska currently uses federal—not state—minimum wage in floor formula. |
S003 §25-1558(1)(b) |
LB871 not operative; high |
| S_NE-P19-C014 |
Disposable earnings exclude only amounts required by law to be withheld. |
S003 §25-1558(4)(b); S010 §1672(b) |
Voluntary deductions ordinarily remain; high |
| S_NE-P19-C015 |
Earnings include wages, salary, commissions, bonuses, and periodic pension or retirement payments. |
S003 §25-1558(4)(a) |
Employee/employer predicate under state law; high |
| S_NE-P19-C016 |
Nebraska wage definition does not conclusively cover an independent contractor’s receivable. |
S003 §25-1558(4)(a) |
Classification unresolved; high bounded conclusion |
| S_NE-P19-C017 |
Federal CCPA applies an aggregate ceiling regardless of number of orders. |
S010 §1673(a); S011 §870.11 |
Priority comes from state/other law; high |
| S_NE-P19-C018 |
More protective Nebraska limits remain effective under federal law. |
S010 §1677 |
High |
| S_NE-P19-C019 |
Nebraska is not among states exempted from federal §1673 under current §870.57. |
S011 §870.57 |
Both federal floor and state protections apply; high |
| S_NE-P19-C020 |
Date earnings are paid or payable controls the applicable minimum-wage floor. |
S011 §870.10(d) |
High |
| S_NE-P19-C021 |
Court may order continuing lien only after qualifying employer answer, no successful objection, and creditor application. |
S001 §25-1056(2) |
Not automatic; high |
| S_NE-P19-C022 |
Employer remits nonexempt earnings each pay period or monthly after order. |
S001 §25-1056(2) |
Through issuing court; high |
| S_NE-P19-C023 |
Continuing lien initially lasts 90 days from service and can be extended once for another 90 days. |
S001 §25-1056(3)(g) |
Timely extension filing required; high |
| S_NE-P19-C024 |
Satisfaction, vacatur, expiration, prolonged job departure, release, stay, 60 days without nonexempt earnings, or quash invalidates lien. |
S001 §25-1056(3) |
High |
| S_NE-P19-C025 |
Only one ordinary continuing lien against earnings may be active at one time. |
S001 §25-1056(5) |
High |
| S_NE-P19-C026 |
Service time generally controls priority; support orders are superior. |
S001 §25-1056(4)–(5) |
Other federal priority rules may supersede; high |
| S_NE-P19-C027 |
Employer must answer all interrogatories truthfully under oath. |
S004 §25-1026 |
High |
| S_NE-P19-C028 |
Employer-answer filing fee can be taxed as costs; no employee payroll fee was verified. |
S004 §25-1026 |
High for statutory fee; negative result bounded |
| S_NE-P19-C029 |
Employer’s failure to answer creates a rebuttable presumption, not automatic final liability. |
S004 §25-1028 |
Notice and court finding required; high |
| S_NE-P19-C030 |
Creditor dissatisfied with answer must apply within 20 days or employer is released. |
S004 §25-1030; S008 |
Mandatory; high |
| S_NE-P19-C031 |
Creditor bears burden to establish employer’s liability as of service. |
S004 §25-1030.02; S006–S008 |
High |
| S_NE-P19-C032 |
Garnishment creditor’s rights against employer rise no higher than debtor’s rights. |
S006; S004 §25-1030.02 |
High |
| S_NE-P19-C033 |
Corporate-employer liability proceedings require current registered-agent service conditions. |
S004 §25-1030.01 |
2025 LB150 conditions; high |
| S_NE-P19-C034 |
Nebraska and federal law prohibit discharge due to garnishment for one indebtedness. |
S003 §25-1558(6); S010 §1674 |
Does not by text protect second distinct debt; high |
| S_NE-P19-C035 |
WHD enforces the federal amount and discharge protections. |
S010 §1676 |
High |
| S_NE-P19-C036 |
Willful federal discharge violation carries authorized maximum $1,000 fine, one year imprisonment, or both. |
S010 §1674(b) |
Not automatic sentence; high |
| S_NE-P19-C037 |
A court or bankruptcy stay invalidates the continuing lien; private negotiation or complaint does not. |
S001 §25-1056(3)(d) |
Actual order required; high |
| S_NE-P19-C038 |
Garnishment is purely statutory; courts cannot invent a nonstatutory route. |
S006 Bocanegra pp.751–752 |
High |
| S_NE-P19-C039 |
A final garnishee-liability order can affect a substantial right and be appealable, but no universal stay follows. |
S007 Florence Lake p.184 |
Appeal procedure excluded; high boundary |
| S_NE-P19-C040 |
Proposed LB871 was indefinitely postponed and does not change current §25-1558. |
S014 |
High |
M. Granular coverage and remaining gaps
| Assigned issue |
Status |
Claim IDs |
Exact remaining evidence or next action |
| Postjudgment prerequisite |
Answered |
C001–C003 |
Actual judgment and assignment authority |
| Prejudgment wages |
Answered as prohibited |
C002 |
Nonwage prejudgment assets excluded |
| Court and filing location |
Answered generally |
C003 |
Actual rendering court |
| Affidavit contents |
Answered |
C003–C004 |
Actual balance, interest, costs |
| Employer service |
Answered generally |
C004, C033 |
Actual return, registered-agent facts |
| Debtor notice |
Answered |
C006–C008 |
Mailing and actual receipt proof |
| Employer answer |
Answered |
C027–C030 |
Actual payroll and interrogatories |
| Interim withholding |
Answered |
C005 |
Actual exempt calculation |
| Continuing-lien order |
Answered |
C021–C024 |
Employer answer, objection and order |
| Remittance |
Answered |
C022 |
Actual court/payroll instructions |
| 90-day duration |
Answered |
C023–C024 |
Service date |
| Extension |
Answered as one extension |
C023 |
Filing date and proof |
| Successive new writ after extension |
Partial |
C023 |
New affidavit, summons and active judgment |
| Judgment satisfaction/release |
Answered as termination boundary |
C024 |
PASS-18 review and actual satisfaction |
| Earnings definition |
Answered |
C014–C016 |
Actual payroll type |
| Disposable earnings |
Answered |
C014 |
Mandatory-deduction evidence |
| Required deductions |
Answered generally |
C014 |
Actual legal mandate |
| Voluntary deductions |
Answered generally as included |
C014 |
Actual plan mandate |
| Weekly cap |
Answered |
C011–C013 |
Actual disposable earnings |
| Head-of-family cap |
Answered |
C010–C012 |
Support and relationship facts |
| Head-of-family formal burden |
Unresolved |
C010 |
Current controlling case or explicit allocation |
| Other pay periods |
Answered |
C017–C020 |
Actual pay period |
| Current minimum wage |
Answered |
C013 |
Future rate changes not predicted |
| Bonuses/commissions |
Answered |
C015 |
Actual relation to services |
| Direct tips |
Partial |
S012 |
Nebraska-specific controlling interpretation |
| Pension distributions |
Partial |
C015 |
ERISA and benefit-plan analysis |
| Independent contractors/gig workers |
Unresolved |
C016 |
Employment classification and payment components |
| Aggregate multiple orders |
Answered |
C017, C025–C026 |
Actual priority orders |
| Support priority |
Answered as boundary |
C026 |
Full support rules excluded |
| Taxes/bankruptcy/federal agencies/student loans |
Excluded |
— |
Separate specialized passes |
| Hearing request |
Answered |
C006–C010 |
Receipt and filing dates |
| Time computation |
Answered generally |
S005 |
Actual holidays and court closure |
| Hearing scope |
Answered |
C009–C010 |
Actual objection |
| Employer liability |
Answered |
C027–C033 |
Actual answer and service |
| Employer default |
Answered as rebuttable |
C029 |
Notice and liability evidence |
| Employer fee |
Answered narrowly |
C028 |
Actual taxed costs |
| Anti-discharge |
Answered |
C034–C036 |
Employment action and debt identity |
| Nebraska private retaliation remedy |
Unresolved |
C034 |
Separate remedies research |
| Appeal/stay |
Partial |
C037, C039 |
Actual order and appellate procedure |
| Bank levy and deposited-wage tracing |
Excluded |
— |
Separate bank-garnishment pass |
| Benefits tracing |
Excluded |
— |
Separate exemption pass |
| Other assets/execution |
Excluded |
— |
Separate enforcement pass |
| Underlying judgment validity/standing |
Excluded |
— |
PASS-12/PASS-14 review |
| Judgment interest/dormancy |
Excluded |
— |
PASS-18 review |
| Arbitration and award |
Excluded |
— |
PASS-15/PASS-17 review |
| Bankruptcy/support/tax/education |
Excluded |
— |
Separate specialized passes |
| Local/tribal/foreign-country law |
Excluded |
— |
Separate jurisdictional work |
| Named debtor or employer calculation |
Not performed |
— |
Actual private payroll and court records |
| Nebraska/component/parent/A066 acceptance |
Not granted |
— |
Remaining registry work and coordinator review |
N. Researcher self-check
Freshly read
- Current complete or materially complete Nebraska provisions:§§25-1010;25-1011;25-1026 through 25-1031.01;25-1056;25-1558; and25-2221.
- Current federal:15 U.S.C. §§1672 through 1677;29 C.F.R. Part 870, particularly §§870.1, 870.10, 870.11, and 870.57.
- Current public Nebraska court packets and the principal garnishment forms listed above.
- Relevant pages and images from:Bocanegra v. Gonzalez;Florence Lake Investments v. Berg;Huntington v. Pedersen; andFriedman v. Friedman.
- DOL Fact Sheet #30 and the DOL Employment Law Guide, with their nonbinding guidance status preserved.
- LB 871’s current “indefinitely postponed” status.
Arithmetic self-check
Plain text
Weekly floor:
30 × $7.25 = $217.50
Biweekly floor:
2 × $217.50 = $435.00
Semimonthly floor:
(13 ÷ 6) × $217.50 = $471.25
Monthly floor:
(13 ÷ 3) × $217.50 = $942.50
Worked amounts:
Plain text
$240 − $217.50 = $22.50
$400 × 25% = $100.00
$400 × 15% = $60.00
$900 × 25% = $225.00
$900 × 15% = $135.00
$1,600 − $350 = $1,250
$1,250 × 25% = $312.50
$1,250 × 15% = $187.50
$1,000 − $942.50 = $57.50
The calculations establish only arithmetic under stated assumptions. They do not establish a valid judgment, legal priority, worker status, head-of-family status, or a lawful withholding order.
Bounded unresolved searches
No controlling current Nebraska appellate decision was located that conclusively resolves:
- the modern formal burden of proof at a contested head-of-family hearing;
- the Nebraska treatment of direct tips;
- wage-protection treatment of every independent-contractor or gig payment;
- one comprehensive Nebraska private remedy for employer discharge under §25-1558;
- automatic tolling or stay from a debtor’s administrative complaint;
- or a universal procedure for a new ordinary writ after the second 90-day continuing-lien period.
These are bounded gaps, not claims that no unpublished, local, or later authority exists.
Not performed
- No actual debtor, employer, creditor, collector, judgment, payroll record, pay stub, garnishment order, service return, docket, account, lien, payment, or private contract was accessed.
- No filing, court contact, employer contact, provider lookup, records request, account action, private-data search, or form submission.
- No full:bank-account garnishment;benefits exemption or tracing;execution against other assets;child-support withholding;tax levy;federal agency or student-loan garnishment;bankruptcy;judgment-interest or dormancy;secured, medical, governmental, local, tribal, or foreign-country dossier.
- No Deep Research, Work, Codex generation, API, purchase, account change, website action, publication, browser control, other Chat, CAPTCHA bypass, security workaround, or local-file save.
Focused disposition: Nebraska ordinary wage garnishment requires a valid court judgment, creditor affidavit, employer service and answer, debtor notice, a chance for rapid hearing, and a court order before continuing transfer. The amount is the lower of the minimum-wage-floor calculation and the applicable percentage—25% ordinarily or 15% for a qualifying head of family. Exempt earnings must be paid to the employee, only one ordinary continuing lien may operate at once, and the lien ordinarily lasts 90 days with one 90-day extension. Employer noncompliance can create liability, but only through the statutory notice and adjudication process; a judgment or missed payroll response does not authorize informal or unlimited withholding.
END S_NE PASS-19.