Nebraska Wage Garnishment After Judgment: Forms, Limits, and Process

Wage garnishment is the most reliable way to collect a Nebraska judgment when you know where the debtor works. Instead of hoping they'll write a check, you intercept a portion of every paycheck through the statutory process. After the court enters an Order of Continuing Lien, the employer must withhold and remit nonexempt wages as directed.

Here's how the process works from filing to payment.

Filing the Garnishment

Everything starts with Form CC 3:6, the Garnishment Affidavit and Praecipe for Summons. You file it with the County Court Clerk where your judgment was entered, naming the debtor's employer as the "garnishee." State the exact judgment balance still owed, including accrued post-judgment interest and taxable court costs.

The clerk then issues an Order of Summons in Garnishment along with Form CC 3:8P (the interrogatories the employer must answer) and Form CC 3:8A (the employer's instruction sheet).

Serving the Employer and Notifying the Debtor

The summons and interrogatories go to the employer via sheriff, constable, or certified mail. Once the clerk issues the summons, you have a separate obligation: within seven business days, you must mail the debtor a copy of the summons, a Notice to Judgment Debtor (Form CC 3:8B), and a Request for Hearing on Garnishment form (CC 3:8N). Use first-class mail to the debtor's last known address.

The employer must complete and return the interrogatories to the court within 10 calendar days of being served, confirming the debtor's employment status and current earnings.

How Much Can Be Withheld

Nebraska follows a dual-cap system under § 25-1558. The employer withholds the lesser of two amounts from the debtor's weekly disposable earnings — gross pay minus legally required deductions like taxes and FICA:

Non-head of family: The lesser of 25% of weekly disposable earnings or the amount exceeding $217.50 per week (30 times the $7.25 federal minimum wage).

Head of family: The lesser of 15% of weekly disposable earnings or the amount exceeding $217.50 per week. Head-of-family status requires actually supporting dependents connected by blood, marriage, adoption, or legal guardianship.

In practice, someone earning $500 per week in disposable income who isn't head of a family would have $125 garnished (25% of $500). The same person as head of a family would have $75 garnished (15% of $500). Earners below $217.50 per week are fully exempt.

If the employer withholds at the default 25% rate and the debtor qualifies for the 15% rate, the debtor can file Form CC 3:8N to request a hearing and get the lower rate applied.

The 90-Day Continuing Lien

After the employer responds confirming nonexempt wages, you file an Application for Continuing Lien (Form CC 3:8D). The court enters an Order of Continuing Lien (Form CC 3:8M), which keeps the garnishment running for 90 calendar days from the date the employer was originally served.

During those 90 days, the employer withholds from each paycheck and remits the funds to the court. If the judgment isn't fully satisfied by day 90, you file a new Form CC 3:6 to start another 90-day cycle. This continues until the debt is paid.

When the Employer Doesn't Respond

An employer who ignores the interrogatories is in serious trouble. You can ask the court for an Order to Show Cause against the employer, and continued non-response can make them personally liable for the full judgment amount. Most employers take garnishment paperwork seriously because of this risk.

Employer Payments

Employers remit withheld wages as directed in the court order. Nebraska also offers a Garnishment Payment E-System for electronic remittance through the court's online portal.

After the Debt Is Paid

Once the judgment is satisfied, file a Release of Garnishee (Form CC 3:8F) to formally end the garnishment. Don't skip this — leaving an active garnishment in place after full payment creates problems for the debtor and potential liability for you.

The complete garnishment workflow — from calculating your filing balance to handling debtor objections and renewing for a second 90-day cycle — is covered in our Nebraska Judgment Collection Guide.

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