Nebraska Fair Debt Consumer Guide
Learn about your legal rights when facing Debt Collector Problems. Research the applicable laws that could help protect you when a debt collector is attempting to seize your assets, garnish your wages or continue collection of a debt that is outside Nebraska's Statutes Of Limitations. Nebraska phone recording laws could assist you in gathering proof of the debt collector's illegal tactics; find out whether recording your debt collector's phone conversation is permitted in your state.
The Nebraska Fair Debt Collection Consumer Practices Guide summarizes Nebraska's laws on wage garnishment, property and asset seizures and state statutes of limitations on debt collection and could provide the ammunition you need to stop or limit creditors and collectors from harassing you, garnishing your wages or bank accounts, and from seizing your property through liens, thus limiting your overall financial exposure.
This Guide does not include information concerning the FTC's Credit Practices Rule, state consumer protection laws or information regarding exemption provisions found in laws other than the state's general exemption laws and is not intended to substitute for the advice of an attorney.
Nebraska Consumer Debt Exemption Laws
If a debt collector threatens to seize your property or your assets, you could be protected under Nebraska’s Consumer Debt Exemption Laws. Read the summarized information below to learn how to protect what you own and what you cannot protect from seizure. You could significantly strengthen your bargaining position with debt collectors by knowing your rights under Nebraska Debt Exemption Law!
The State of Nebraska has opted out of federal bankruptcy exemptions –
Nebraska Revised Statutes § 25-15,105.
Wages: Nebraska Revised Statutes § 25-1558 and 25-1560 to ·1563.
Homestead: Nebraska Revised Statutes §§ 40-101, -102, -103, -111, -112,
-113, ·115, and -116.
Tangible personal property: Nebraska Revised Statutes §§ 25-1552, -1556.
Benefits, retirement plans, insurance, judgments, and other intangibles:
Nebraska Revised Statutes §§ 25·1552, -1556, -1559, -1563.01, and .02.
Nebraska Debt Statutes of Limitation
Your debt may have expired under Nebraska’s Statutes of Limitations, and may be considered uncollectible. Read the summary below to see the length of time certain types of debt can continue to be collected under the Nebraska Debt Statutes of Limitations, don’t let a collector threaten to take you to court over an expired debt.
Nebraska Debt Statutes of Limitation
Real estate or foreclosure mortgage actions; product liability: 10 years.
Foreign judgments, contract or promise in writing, express or implied: 5 Years.
Unwritten contract, express or implied; Recovery of personal property; Relief on grounds of fraud; breach of contract for sale of goods; and open account: 4 years.
Liability created by federal statute with no other limitation: 3 years. Malpractice: 2 Years.
NOTE: SoL can be interrupted by partial payment or written acknowledgement of debt. The statute starts to run anew from the date of the partial payment or written acknowledgement, (Neb. Rev. Stat. §25-216)
NOTE: Actions on breach of contract for sale may be reduced to not less than one year.
Nebraska Wage Garnishment Procedural Requirements
Wage garnishment doesn’t mean a debt collector or creditor is entitled to take all your money. Under Nebraska’s Wage Garnishment Laws, there are limits and protections on just how much can be taken from your paycheck.
Read the summary below to learn your garnishment rights under Nebraska law.
Nebraska Wage Garnishment Procedural Requirements
After the issuing or return of an execution against property of the judgment debtor and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, within the county in which such person or corporation may be served with the order to answer, and answer concerning the same. The judge may also, in his discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem to him proper. Neb. Rev. Statute. _ 25-1569.
The judge may order any property of the judgment debtor, not exempt by law, in the hands of either himself or any other person or corporation, or due to the judgment debtor, to be applied towards the satisfaction of the judgment. Neb. Rev. Statute. _ 25-172. The judge may also, by order, appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor, in the same manner and with the like authority as if the appointment were made by the court. The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt by law, and any interference therewith. Neb. Rev. Statute. _ 25-1573.
In all cases when a judgment has been entered by any court of record and the judgment creditor has filed an affidavit setting forth the amount due on the judgment, interest, and costs in the office of the clerk of the court where the judgment has been entered and that he or she has good reason to and does believe that any person, partnership, limited liability company, or corporation, naming him, her, or it, has property of and is indebted to the judgment debtor, the clerk shall issue a summons which shall set forth the amount due on the judgment, interest, and costs as shown in the affidavit and require such person or entity to answer written interrogatories to be furnished by the plaintiff and to be attached to such summons. The summons shall be returnable within ten days from the date of its issuance and shall require the garnishee to answer within ten days from the date of issuance. Except when wages are involved, the garnishee shall hold the property of every description and the credits of the defendant in his or her possession or under his or her control at the time of the service of the summons and interrogatories until the further order of the court. Neb. Rev. Statute. _ 25-1056.
The garnishee shall answer, under oath, all the interrogatories put to him touching the property of every description and credits of the defendant in his possession or under his control at the time of the service of the summons and interrogatories, and he shall disclose truly the amount owing by him to the defendant, whether due or not, and, in case of a corporation, any stock there in held by or for the benefit of the defendant, at the time of the service of the summons and interrogatories. The fee for filing of answer may be taxed and collected in the same manner as other costs in such proceedings. Neb. Rev. Statute. _ 25-1026.
The summons and order of garnishment and the interrogatories in duplicate, a notice to the judgment debtor form, and a request for hearing form shall be served upon the garnishee in the manner provided for service of a summons in a civil action. The judgment creditor shall send to the judgment debtor by certified mail to the last-known address of the judgment debtor a copy of the summons and order of garnishment, a notice to judgment debtor form, and a request for hearing form within three business days of issuance by the court and shall certify in writing to the court the date of mailing. Neb. Rev. Statute. _ 25-1011.
The party seeking garnishment shall advance the costs of transcripts and docketing the matter in the district court. The district court shall be entitled to the following fee in civil matters: For issuance of a writ of execution, restitution, garnishment, attachment, and examination in aid of execution, a fee of five dollars each. Neb. Rev. Statute. _ 25-1031.02.
Interest Rate at which Judgments Accrue Judgment interest on decrees and judgments for the payment of money shall be fixed at a rate equal to one percentage point above the bond equivalent yield, as published by the Secretary of the Treasury of the United Statutees, of the average accepted auction price for the last auction of 52 week United Statutees Treasury bills in effect on the date of judgment. This interest rate shall not apply to an action founded upon an oral or written contract in which the parties have agreed to a rate of interest. Neb. Rev. Statute. _ 45103. Judgment interest shall accrue on decrees and judgments for the payment of money from the date of rendition of judgment until satisfaction of judgment. Neb. Rev. Statute. _ 45103.1.
Nebraska (Debt Collector) Call Recording Law
Under Nebraska State and Federal Call Recording Laws, you could record the actual recorded conversation with a debt collector in your efforts to stop debt collectors from calling! Nebraska is a one party consent state, meaning only the permission of one person on the call is necessary to record. YOU ALONE can be considered the one party to give consent, thus you do not need a debt collectors permission to record the phone conversation in the state of Nebraska.
Research and find additional information about Federal Call Recording Laws and learn what call recording procedures are legal in other states.