Nebraska Judgment Debtor Examination: How to Find What the Debtor Owns

You won your Nebraska small claims case, but you have no idea where the debtor works, where they bank, or what they own. Without that information, you can't garnish wages, freeze a bank account, or have the sheriff seize property. You're stuck — unless you use the debtor examination.

Nebraska calls this a "Proceeding in Aid of Execution" under Neb. Rev. Stat. § 25-1564. It forces the judgment debtor to appear in court, sit under oath, and answer your questions about their finances. It's the single most important tool for creditors who don't know where the money is.

How to File

You'll need Form CC 3:26, the Motion and Affidavit for the Issuance of an Order in Aid of Execution. Download it from nebraskajudicial.gov under the forms library.

The affidavit requires you to state three things: a final judgment was entered, the judgment remains unsatisfied, and there's no active, mutually agreed-upon voluntary payment plan being maintained and fulfilled. File it with the County Court Clerk in the county where the judgment was entered.

The judge reviews your motion and issues an order setting a court date for the debtor to appear.

Service Must Be Personal

This is where many creditors trip up. The examination order must be served on the debtor by a sheriff or constable — in person. Certified mail won't work. First-class mail won't work. The statute requires personal service because the court needs jurisdiction to hold the debtor in contempt if they don't show up.

Contact the sheriff's office in the county where the debtor lives to arrange personal service and confirm its current service deposit and any mileage charge. Provide the debtor's physical address. If you also want the debtor to bring financial documents — bank statements, pay stubs, tax returns — file a Praecipe for Subpoena (Form CC 4:6) requesting a subpoena duces tecum to be served alongside the examination order.

What to Ask at the Hearing

The examination happens in open court before the county judge. The debtor testifies under oath and you conduct direct examination. You're not limited to yes-or-no questions. Cover these areas:

Employment: Who is their employer? What's the employer's full legal name and address? What's their pay rate and schedule? Are they paid hourly, salary, or commission?

Bank accounts: Which financial institutions hold their accounts? What are the account numbers? Do they have a safe deposit box?

Real property: Do they own any land, houses, or rental properties? Are there existing mortgages or liens?

Vehicles and personal property: Do they own cars, trucks, boats, or recreational vehicles? What about tools of the trade, business equipment, or valuable personal property?

Take detailed notes. The answers you get here determine which enforcement tool you file next — wage garnishment if you learn their employer, bank garnishment if you identify their accounts, or a writ of execution if they own seizable property.

If the Debtor Doesn't Show Up

If a debtor who was personally served fails to appear, you may move for an Order to Show Cause requiring them to explain why they should not be held in civil contempt. If the debtor then fails to appear at the show-cause hearing after personal service, the county judge may issue a civil bench warrant.

This rarely needs to go that far. Most debtors show up once they realize ignoring a court order has real consequences.

Putting the Information to Work

The debtor examination is a discovery tool, not a collection tool. It tells you what assets exist so you can file the right enforcement paperwork — a garnishment affidavit targeting their employer or bank, a writ of execution against their vehicle, or a judgment lien transcript against their real estate.

Our Nebraska Judgment Collection Guide walks through the complete examination process including a preparation checklist of questions to ask, what to do when a debtor claims exemptions, and how to connect each answer to the right enforcement filing.

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