How to Collect a Judgment From a Landlord in Nebraska

You Won — Now the Landlord Won't Pay

Nebraska small claims courts regularly award judgments to tenants who were wrongfully denied their security deposit or who lived with unaddressed habitability issues. Under Neb. Rev. Stat. § 76-1416, within 14 days after the tenancy ends, a landlord must deliver or mail any remaining security-deposit balance and a written itemization. If, after a demand for return, the landlord fails to comply, the tenant may recover the money due, court costs, and reasonable attorney's fees; for a willful, bad-faith failure, liquidated damages are the lesser of one month's periodic rent or twice the security deposit. Winning that judgment is one thing. Actually collecting the money is another.

Courts don't chase landlords down for you. Once the judge enters the judgment, enforcement is entirely your responsibility. Here's how to approach it when the debtor is a property owner.

Landlords Are Often Easier to Collect From

If a landlord owns real property, that asset may provide a collection target. If the landlord owns the rental unit you lived in — or another property — it may be subject to a judgment lien.

This can change the collection calculus. Many judgment debtors are effectively judgment-proof because they rent, work irregularly, and have exempt personal property. A landlord or property manager does not necessarily own the property being rented, so confirm ownership before planning to lien real estate.

File a Judgment Lien First

Your most powerful move is filing a judgment lien against the landlord's real property. Here's the process:

1. Request a certified Transcript of Judgment from the County Court Clerk where your case was heard.
2. File the transcript with the Clerk of the District Court in the county where the landlord owns property (under Neb. Rev. Stat. §§ 25-1303 and 24-516).
3. Pay the docketing fee.

Once transcripted, your judgment attaches as a lien on every piece of non-exempt real property the landlord owns in that county. The lien can cloud title and complicate a sale or refinance, but it is not a cash recovery by itself. For landlords who own multiple rental properties, this is a serious incentive to pay voluntarily.

If the landlord owns property in several Nebraska counties, transcript the judgment in each one. Each filing creates a separate lien.

Garnish the Landlord's Bank Account

Landlords collect rent — that money flows through bank accounts. If you know which bank the landlord uses (check your old lease or the account you sent rent payments to), a bank account garnishment can capture funds directly.

File a Garnishment Affidavit and Praecipe for Summons (Form CC 3:6) with the County Court Clerk, naming the landlord's bank as the garnishee. The bank freezes non-exempt funds up to your judgment balance and files answers to interrogatories within 10 days under Neb. Rev. Stat. § 25-1056. If the landlord is a property management LLC, its business accounts are fair game — the same process applies to business entities.

Timing matters. Try to garnish right after the first of the month, when rent payments have been deposited and the account balance is highest.

Request a Debtor Examination

If you don't know the landlord's bank or the full scope of their property holdings, a debtor examination requires them to appear and answer questions under oath about their income, assets, and liabilities. File a Motion and Affidavit for Order in Aid of Execution (Form CC 3:26), and the County Judge orders the landlord to appear.

At the hearing, you can ask about:

• Every bank account, including property management accounts
• Each property they own and its approximate equity
• Rental income and whether it flows through a management company
• Business entities they control
• Vehicle titles and other personal property

For an LLC debtor, ask the County Court whom it requires to appear for a debtor examination; Neb. Rev. Stat. § 25-2803 governs representation in the small-claims proceeding and does not establish who must appear for a later examination in aid of execution.

Wage Garnishment for Employed Landlords

Some landlords also hold W-2 employment. If your landlord works a regular job in addition to managing rental properties, wage garnishment is straightforward: up to 25% of disposable earnings (15% for head-of-family debtors under Neb. Rev. Stat. § 25-1558), renewed every 90 days until the judgment is satisfied.

What if the Landlord Is a Property Management Company?

If your judgment is against a corporate landlord or property management company, enforcement targets the company's assets: its bank accounts, its vehicles, and its real estate holdings. A judgment against the entity alone does not authorize collection from the individual owner's personal assets, which are generally off-limits unless a court allows the corporate veil to be pierced.

However, many small landlords operate through single-member LLCs with minimal separation between personal and business finances. If the debtor examination reveals commingled funds or failure to maintain corporate formalities, the path to personal liability exists — though it typically requires a separate civil action beyond small claims enforcement.

The Collection Timeline

For a security deposit judgment of $1,000–$3,000 against a landlord who owns property, the most efficient sequence is:

1. Send a written demand letter with your judgment balance, accrued post-judgment interest at the current statutory rate, and a payment deadline.
2. If no response within 14 days, file a judgment lien in District Court.
3. Simultaneously, garnish any known bank accounts.
4. If you lack financial details, schedule a debtor examination first, then target the accounts and property the landlord reveals.

Most landlords pay once a lien clouds their title — it can complicate a refinance or sale, and title companies flag it. The Nebraska Judgment Collection Guide includes the demand letter template, lien filing steps, and a question script for landlord debtor examinations.

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