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See Nebraska Judgment Enforcement Law below.
Below are Judgment Enforcement Collection Companies in your state and are here to serve your Judgment Recovery Needs, including asset searches, wage garnishments and bank account locators.
Judgments and Enforcement:
A judgment generally becomes a lien on the property of the judgment debtor in the county with which it is filed. (Section 23-1303.) It may be enforced by execution or garnishment against the real and personal property of the judgment debtor, except as to those property that are subject to exemption. The garnishment of a debtor's wages is generally permitted under Nebraska law, but the amount garnished generally may not exceed twenty-five percent (25%), or fifteen percent (15%) if the debtor is the head of a family, of the aggregate disposable earnings of an individual for any workweek. (Section 25-1558.)
Nebraska law permits a debtor to confess judgment with the assent of the creditor. A debtor who wishes to confess to judgment must personally appear in a court of competent jurisdiction and file in writing a statement identifying the debt or cause of action. A judgment by confession generally is enforceable in the same manner as a judgment rendered by the court, and serves as a release of errors. (Sections 25-1309, 25-1310, 25-1311.)
A judgment may become dormant if it is not executed within a period of five (5) years from the date it was rendered. (Section 25-1515.) It may, however, be revived if appropriate action is taken within ten (10) years from the date it became dormant. (Section 25-1420.)
A judgment issued by a court in the United States or any other court is generally entitled to full faith and credit under the Nebraska Uniform Enforcement of Foreign Judgment Act. (Section 25-1587.02.) A judgment creditor may seek the enforcement of a foreign judgment by filing an authenticated copy of the foreign state judgment and an affidavit setting forth the name and last known post office address of the judgment debtor and creditor in the District Court of Nebraska. Notice must generally be given by the Clerk of the Court to the judgment debtor prior to any enforcement proceedings. (Section 25-1587.04.) A foreign judgment has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating or staying as a judgment of the State of Nebraska. (Section 25-1587.03.)
Legal Rate: Six percent (6%). (Section 45-102.)
Contract Rate: Any rate which may be agreed upon between the parties but not exceeding sixteen percent (16%) per annum. (Section 45-101.03.) However, this interest rate is subject to certain exceptions provided in Section 45-101.04 of the Nebraska Statute. Some of the exceptions include transactions involving licensed loan brokers, open credit accounts for goods and services, business or agricultural loans secured by real property, installment contracts for sale of goods or services.
Judgment Rate: One percent (1%) above the U.S. government bond rate. (45-103.)
A debtor generally may claim exemption of his homestead up to a value allowed by law and certain personal property from execution of a judgment against him or in a bankruptcy proceeding. Nebraska statutes permits every citizen to claim exemption from execution or attachment his homestead up to a value of twelve thousand five hundred dollars ($12,500.00), (Section 40-101), and certain personal property up to a value of two thousand five hundred dollars ($2,500.00), except wages. (Section 25-1552.) Some of the property which may be subject to exemption includes the immediate personal possessions of the debtor and his family, wearing apparels, household furniture and furnishings up to an aggregate fair market value of one thousand five hundred dollars ($1,500.00), books or tools of trade or automobile up to an aggregate fair market value of two thousand four hundred dollars ($2,400.00). (Section 25-1556.)
While the federal Bankruptcy Code also provides certain exemptions, Nebraska does not permit the election of federal exemptions. (Section 25-15,105.) This means that a resident of Nebraska may only claim exemption of those property and to the extent as permitted under its statutes even if the exemption provided under the federal Bankruptcy Code may be more beneficial to the judgment debtor.
Statutes Of Limitations:
An action for the recovery of money or other damages generally must be filed within a statutory period of time or such action may be barred forever. Some of the time limitations relevant to credit and collection matters are as follows:
Written Contract 5 years Section 25-205(1)
Oral Contract 4 years Section 25-206
Recovery of collateral 18 months Section 25-205(2)
Recovery of real property 10 years Section 25-202(1)
Fraud 4 years Section 25-207
Injury to Personal Property 4 years Section 25-207
Freight damages 2 years Section 25-226
General limitations 4 years Section 25-212