Nebraska Affidavit in Support of Motion to Discharge Writ of Garnishment

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Multi-State
Control #:
US-02254BG
Format:
Word; 
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Description

Wage garnishment is a legal procedure in which a person's earnings are required by court order to be withheld by an employer for the payment of a debt, such as a judgment.
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FAQ

You can also stop most garnishments by filing for bankruptcy. Your state's exemption laws determine the amount of income you'll be able to keep.

If a default judgment is entered against you, you can file a Motion to Set Aside, Modify or Vacate that judgment (CC ) with the county court instead of filing an appeal. The motion must be filed within 30 days after the entry of judgment.

Sadly, there is no statute in Nebraska that prevents them from doing just that. While some judges will not allow the creditor to ?double dip?, if you go to court and object, many judges allow the debt collector to garnish both.

A continuing lien remains in effect until the occurrence of any of the following events: (1) the underlying judgment is satisfied in full or vacated or expires; (2) the judgment debtor leaves the garnishee's employ for more than sixty days; (3) the judgment creditor releases the garnishment; (4) the proceedings are ...

In Nebraska, for any workweek, a creditor may garnish the lesser of: 25% of your disposable earnings, or 15% of your disposable earnings if you're the head of a family, or. the amount by which your weekly disposable earnings exceed 30 times the federal hourly minimum wage.

Every person in Nebraska is entitled to protect up to $5,000 of any personal property--including funds on deposit with a bank--under Nebraska Statute 25-1552.

Can creditors do this? May a creditor garnish the paycheck and all the bank account funds at the same time? Yes, a creditor may garnish paychecks and bank accounts at the same time unless you assert your exemption rights.

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Nebraska Affidavit in Support of Motion to Discharge Writ of Garnishment