Nebraska Judgments & Liens

Introduction: Understanding Judgments and Liens in Nebraska

Judgments and liens represent legally enforceable claims against property and individuals, serving as critical components of Nebraska's civil justice and commercial systems. In Nebraska, these instruments create formal records that affect property ownership, creditworthiness, and financial transactions across the state's 93 counties.

A judgment is a court's final determination of the rights and obligations between parties in a lawsuit. When a Nebraska court issues a monetary judgment, it establishes that one party (the judgment debtor) owes a specific sum to another party (the judgment creditor). Once entered and properly filed, these judgments can become liens against the debtor's real property.

A lien, meanwhile, is a legal claim or encumbrance against property that secures payment of a debt or obligation. Liens can arise through court judgments, statutory provisions, or contractual agreements. They remain attached to property until satisfied, released, or expired according to Nebraska law.

Nebraska courts process approximately 15,000 to 20,000 civil judgments annually across district and county courts, though exact figures fluctuate based on economic conditions. The Nebraska Secretary of State's UCC database contains hundreds of thousands of active financing statements, while county recorders maintain extensive lien records affecting real property throughout the state.

The distinction between different types of liens matters significantly. Civil judgments result from lawsuit verdicts and become liens when transcribed to county records. Tax liens arise from unpaid federal, state, or local taxes and carry special enforcement powers. UCC liens (governed by the Uniform Commercial Code as adopted in Nebraska Revised Statutes Chapter 9) secure commercial transactions involving personal property and business assets. Each category follows distinct filing procedures, duration limits, and enforcement mechanisms under Nebraska law.

Types of Judgments in Nebraska

Nebraska law recognizes several categories of judgments, each with specific procedures and legal implications governed primarily by the Nebraska Revised Statutes and the Nebraska Rules of Civil Procedure.

Civil Court Judgments

Civil judgments in Nebraska result from lawsuits filed in district courts (for cases exceeding $63,000 or certain types of claims) or county courts (for smaller claims). After trial or settlement, the court enters a final judgment that becomes part of the official court record. Under Nebraska Revised Statute § 25-1515, a judgment remains valid for five years from the date of entry. However, judgment creditors can renew judgments before expiration through a revival action filed under § 25-1517, potentially extending enforcement for additional five-year periods.

To create a lien on real property, the judgment creditor must file a transcript of the judgment with the county clerk in any Nebraska county where the debtor owns property, as specified in § 25-1503. Once transcribed, the judgment becomes a lien on all real estate owned by the debtor in that county. This transcript filing must occur within the five-year validity period, and renewed judgments require new transcript filings to maintain lien status.

Default Judgments

Default judgments occur when a defendant fails to respond to a lawsuit within the required timeframe—typically 30 days after service of process in Nebraska district court actions. The plaintiff may then request a default judgment under Nebraska Civil Procedure Rule 6-1255. The court may hold a hearing to determine damages before entering the default judgment, particularly in cases involving unliquidated damages. Default judgments carry the same enforcement power as judgments obtained after trial, though Nebraska law provides limited opportunities for defendants to set aside defaults upon showing good cause and a meritorious defense.

Summary Judgments

Summary judgments resolve cases without trial when no genuine dispute exists regarding material facts. Either party may file a motion for summary judgment under Nebraska Civil Procedure Rule 6-1256, typically supported by affidavits, depositions, and documentary evidence. Nebraska courts grant summary judgment when the moving party demonstrates entitlement to judgment as a matter of law. These judgments have the same enforceability and duration as trial judgments, following the five-year validity period under § 25-1515.

Confession of Judgment

Confession of judgment (also called cognovit judgment) allows a debtor to consent to entry of judgment without litigation. Nebraska law permits this practice under limited circumstances, though it's less common than in previous decades. The debtor signs a written confession authorizing judgment entry for a specified amount. Under § 25-1301, the statement must be in writing and signed by the debtor. Once filed with the court, the clerk enters judgment without requiring a hearing. These judgments follow the same five-year duration and renewal procedures as contested judgments.

Foreign Judgments Domesticated in Nebraska

Foreign judgments—those entered by courts in other states or countries—can be domesticated in Nebraska through the Uniform Enforcement of Foreign Judgments Act, codified in Nebraska Revised Statutes §§ 25-1587.01 through 25-1587.06. A judgment creditor files an authenticated copy of the foreign judgment with the clerk of a Nebraska district court, along with an affidavit containing specific information about the judgment and the parties. The clerk then treats the foreign judgment as a Nebraska judgment, subject to the same enforcement mechanisms. The foreign judgment becomes a lien on Nebraska real property when transcribed to county records, just like domestic judgments. Nebraska law provides limited grounds for the judgment debtor to challenge domestication, primarily focusing on procedural defects rather than relitigating the underlying merits.

Types of Liens in Nebraska

Nebraska law recognizes numerous lien types, each governed by specific statutes establishing filing requirements, priority, duration, and enforcement procedures.

Mechanics Liens

Mechanics liens (also called construction liens) protect contractors, subcontractors, and material suppliers who improve real property. Under Nebraska Revised Statutes §§ 52-125 through 52-160, those who furnish labor, materials, or equipment for property improvement have lien rights against that property. To perfect a mechanics lien, the claimant must file a verified lien statement with the county clerk where the property is located within 120 days after the last date of furnishing labor or materials. The lien statement must include specific information: property description, owner's name, amount claimed, and description of work performed.

Subcontractors and suppliers face additional requirements, including preliminary notice requirements to property owners. A mechanics lien remains enforceable for two years from the filing date unless the lienholder files a foreclosure action within that period. Property owners can bond around mechanics liens by posting security in the amount of the claim plus costs, effectively transferring the lien from the property to the bond proceeds.

Tax Liens

Tax liens arise from unpaid tax obligations and carry significant enforcement power. Federal tax liens result when taxpayers fail to pay assessed federal taxes. The Internal Revenue Service files Notice of Federal Tax Lien (NFTL) documents with county clerks in counties where the taxpayer owns property, as required by Internal Revenue Code § 6323. Federal tax liens remain effective for ten years from the assessment date and can be refiled to extend this period.

Nebraska state tax liens arise from unpaid state income tax, sales tax, or other state tax obligations. The Nebraska Department of Revenue files these liens with county clerks under Nebraska Revised Statute § 77-3904. State tax liens remain in effect for ten years and may be extended by refiling. Release requires payment in full or settlement agreement with the Department of Revenue, documented through a certificate of release filed in the same office where the lien was recorded.

UCC Liens

UCC liens (financing statements) secure interests in personal property under Nebraska Uniform Commercial Code Article 9, codified in Nebraska Revised Statutes Chapter 9. Unlike liens on real property, UCC liens attach to movable assets: equipment, inventory, accounts receivable, vehicles, and other personal property. Secured parties file UCC-1 financing statements with the Nebraska Secretary of State's office to perfect their security interests. These filings remain effective for five years from the filing date, though secured parties may file continuation statements before expiration to extend effectiveness for additional five-year periods. UCC liens terminate through filing UCC-3 termination statements or by lapsing when not continued timely.

Judgment Liens

As discussed above, judgment liens arise when money judgments are transcribed to county records under § 25-1503. These liens attach to all real property owned by the judgment debtor in the county where transcribed. Judgment liens remain effective during the judgment's five-year validity period and any properly executed renewal periods. They take priority based on filing date, with earlier-filed liens receiving payment first from property sale proceeds. Satisfaction requires filing a satisfaction of judgment with the county clerk, releasing the lien from affected property.

Medical Liens

Nebraska law provides limited medical lien rights under § 52-401, primarily for hospitals treating accident victims. When a patient receives treatment for injuries caused by another party's actions, hospitals may file liens against any settlement or judgment the patient recovers from the responsible party. The hospital must file the lien within specific time limits and provide notice to involved parties. These liens ensure medical providers receive payment from recovery proceeds before the patient receives funds, though they don't create liens against real property.

Homeowners Association Liens

Homeowners associations (HOAs) in Nebraska can file liens for unpaid assessments, fees, and charges under the Nebraska Condominium Property Act (§§ 76-825 through 76-894) and the Nebraska Nonprofit Corporation Act. When property owners fail to pay required assessments, the HOA may record a lien with the county clerk where the property is located. These liens typically take priority over most other encumbrances except tax liens and previously recorded mortgages, though specific priority depends on the governing documents and Nebraska law. HOAs must follow specific notice and procedural requirements before filing liens. The lien remains until satisfied through payment or potentially through foreclosure action, which HOAs may pursue under certain circumstances.

How to Search for Judgments in Nebraska

Comprehensive judgment and lien searches in Nebraska require checking multiple repositories, as no single database contains all records. Each source provides different types of information and coverage.

Nebraska Court System Online Tools

The Nebraska Judicial Branch maintains an online case search portal at www.nebraska.gov/justice. This system, called the Nebraska Court Case Management System, allows searching for court cases by party name, case number, or attorney. Users can access records from district courts, county courts, and the Nebraska Court of Appeals. The system displays case information including parties, filing dates, case status, and docket entries. However, it shows court cases and judgments within those cases—it does not function as a lien search tool for transcribed judgments filed with county clerks.

Each of Nebraska's 12 judicial districts maintains court records, and while the online system provides statewide access, some older records may require direct contact with specific court clerks. The Douglas County District Court (Omaha) and Lancaster County District Court (Lincoln) handle the highest volume of civil cases in Nebraska.

Nebraska UCC Database Through Secretary of State

The Nebraska Secretary of State maintains the central filing system for UCC financing statements at www.sos.nebraska.gov. The UCC search portal allows free searches by debtor name or organization, secured party name, or filing number. The database contains all active UCC-1 financing statements, amendments, continuations, and terminations filed with the state.

Searches return basic information about each filing: filing date, secured party, debtor, collateral description, and lapse date. Users can purchase certified copies of UCC documents for a fee. The Secretary of State's office is located at 1201 N Street, Suite 120, Lincoln, NE 68508, and staff can assist with search requests by phone at (402) 471-4079.

County Recorder and Clerk Searches

Each of Nebraska's 93 counties maintains records of transcribed judgments, mechanics liens, tax liens, and other real property encumbrances. The county clerk in each county serves as the filing office for these documents. Searching requirements and online availability vary significantly by county.

Larger counties offer online search portals. Douglas County provides property and lien searches through the Register of Deeds website at www.douglascounty-ne.gov/register-of-deeds. Lancaster County offers similar services at www.lancaster.ne.gov/register-of-deeds. Sarpy County maintains online records at www.sarpy.gov. These systems typically allow searching by name, property address, or legal description.

Smaller counties may require in-person visits, written requests, or phone inquiries. County clerks charge fees for document copies and certified searches, typically ranging from $1 to $2 per page for copies and $5 to $15 for certification.

Federal Tax Lien Searches

The Internal Revenue Service files federal tax liens (NFTL) with county clerks in counties where taxpayers own property. There is no central Nebraska database for federal tax liens—searches require checking county-level records. The same county clerk offices that maintain judgment transcripts also house federal tax lien notices. Some counties index these separately under "Federal Tax Liens" or "IRS Liens," while others include them in general lien indexes.

The IRS also provides limited information about federal tax liens through the IRS Centralized Lien Operation in Cincinnati, Ohio, though this office primarily assists with lien releases and payoff information rather than public searches.

Third-Party Aggregators

Several commercial services aggregate Nebraska judgment and lien information from multiple counties. LexisNexis, Westlaw, and CourtLink offer subscription-based access to court records and public filings. PACER (Public Access to Court Electronic Records) at pacer.uscourts.gov provides access to federal court judgments, including those in Nebraska's District of Nebraska federal court.

Title companies and abstractors typically use specialized title search services like DataTrace or RealQuest that compile property records including liens and judgments. These commercial services charge per-search or subscription fees but offer more comprehensive coverage than free public portals.

Nebraska UCC Filings

The Uniform Commercial Code Article 9, as adopted in Nebraska through Nebraska Revised Statutes Chapter 9, governs secured transactions in personal property and fixtures. This comprehensive statutory scheme establishes how creditors create and perfect security interests in collateral.

Under Nebraska's UCC framework, a secured party (typically a lender) obtains a security interest in a debtor's personal property by executing a security agreement and filing a UCC-1 financing statement. The financing statement serves as public notice of the creditor's claim to specific collateral. The Nebraska Secretary of State serves as the central filing office for most UCC filings, located at 1201 N Street, Suite 120, Lincoln, NE 68508.

Filing a UCC-1 requires specific information: debtor's exact legal name, secured party's name and address, and a description of the collateral. For individual debtors, the exact name on their driver's license or state ID must be used. Organizational debtors require the precise legal name shown on formation documents. Errors in debtor names can render filings ineffective, making the secured party's interest unperfected.

The Secretary of State's UCC search portal at www.sos.nebraska.gov/business/ucc allows free public searches. Users can search by debtor name, secured party name, or file number. The system displays all active financing statements, including filing date, lapse date, collateral description, and amendment history. Standard searches are free; certified searches and document copies require fees ($7 per search for certified searches, $1 per page for copies as of 2024).

UCC financing statements remain effective for five years from the filing date under § 9-515. Secured parties must file continuation statements within six months before lapse to extend effectiveness for additional five-year periods. If not continued, the financing statement lapses, and the security interest becomes unperfected, potentially losing priority to later creditors.

Terminating UCC liens requires filing a UCC-3 termination statement. When the underlying debt is paid or the security interest is released, the secured party has obligations to provide termination statements to the debtor under § 9-513. Debtors can request termination statements, and secured parties face liability for failing to provide proper terminations when obligations are satisfied.

How Judgments Affect Credit and Real Estate in Nebraska

Judgments create significant financial consequences affecting both credit profiles and real property transactions in Nebraska. Understanding these impacts is essential for debtors, property buyers, and real estate professionals.

When a judgment creditor transcripts a judgment with a Nebraska county clerk under § 25-1503, the judgment immediately becomes a lien on all real property owned by the debtor in that county. This automatic attachment occurs without additional action—merely filing the transcript creates the lien. If the debtor owns property in multiple counties, the creditor must file transcripts in each county to create liens on property in those jurisdictions.

Judgment liens affect property transactions fundamentally. When a property owner with a judgment lien attempts to sell or refinance real estate, title searches reveal the lien. Title companies typically require satisfaction of judgment liens before closing because liens transfer with the property rather than remaining with the individual debtor. This means judgment creditors often receive payment from sale or refinancing proceeds, as clear title cannot be conveyed with outstanding liens.

Lien priority follows the "first in time, first in right" principle in Nebraska. Earlier-recorded liens receive payment before later liens from property sale proceeds. Mortgages recorded before judgment transcripts maintain priority, but judgment liens take priority over later-recorded mortgages. This priority structure makes judgment liens particularly concerning for property owners seeking to refinance.

Credit reporting agencies include civil judgments in credit reports, though recent changes in credit reporting practices have limited this impact. Since 2017, major credit bureaus have removed many civil judgments from credit reports due to data accuracy concerns, but some judgments still appear, particularly those obtained more recently or through certain creditors. Even when not appearing on credit reports, judgments remain public records discoverable through court and county searches, affecting loan applications and financial transactions.

Buyers purchasing Nebraska property must conduct thorough title searches to identify judgment liens. Standard title insurance policies protect against undiscovered liens, but known liens must be addressed before closing. Real estate professionals should verify that sellers have clear title or that judgment liens will be satisfied from sale proceeds at closing.

Collecting on a Judgment in Nebraska

Obtaining a judgment is only the first step in debt collection. Nebraska law provides judgment creditors with various post-judgment enforcement tools, subject to important debtor protections and exemptions.

Wage Garnishment

Wage garnishment allows judgment creditors to collect directly from the debtor's earnings. Under Nebraska Revised Statute § 25-1558 and federal law (Title III of the Consumer Credit Protection Act), creditors can garnish up to 25% of the debtor's disposable earnings or the amount by which disposable earnings exceed 30 times the federal minimum wage, whichever is less. Disposable earnings means gross wages minus legally required deductions (taxes, Social Security, Medicare).

To garnish wages, the creditor files a garnishment application with the court that entered the judgment, identifying the debtor's employer. The court issues a garnishment order to the employer, who must then withhold the specified amount from each paycheck and remit it to the creditor. Nebraska law provides a 30-day exemption period during which the debtor can claim exemptions or challenge the garnishment. Employers must comply with garnishment orders or face liability for the full judgment amount.

Bank Account Levy

Judgment creditors can levy bank accounts through a similar garnishment process under § 25-1053. The creditor identifies the financial institution holding the debtor's accounts and obtains a garnishment order directed to that institution. Upon receiving the order, the bank freezes the account and holds the funds pending resolution of any exemption claims. Nebraska law provides a $2,500 exemption for bank accounts under § 25-1552, and additional exemptions may apply to Social Security deposits, veterans' benefits, and other protected funds.

Property Execution

Execution allows creditors to seize and sell non-exempt personal property to satisfy judgments. Under § 25-1501, the creditor obtains a writ of execution from the court clerk, which directs the county sheriff to levy on the debtor's property. The sheriff seizes property, conducts a public sale, and applies proceeds to the judgment debt after deducting execution costs. Real property execution follows a similar process but involves more complex procedures and longer timeframes.

Nebraska Exemptions

Nebraska law provides significant exemptions protecting debtors' essential property from judgment collection. The homestead exemption under § 40-101 protects up to $60,000 of equity in the debtor's primary residence (or $60,000 per person for married couples filing jointly). This exemption prevents forced sale of the homestead to satisfy most judgments, though tax liens and mortgage foreclosures override the homestead exemption.

Personal property exemptions under § 25-1556 include: furniture and household goods up to $1,500; tools of the trade up to $2,400; one motor vehicle up to $2,400; personal injury and wrongful death recovery proceeds; health aids; and professionally prescribed health aids. Retirement accounts, life insurance, and disability benefits enjoy additional protections under separate statutes. Debtors must affirmatively claim exemptions by filing appropriate documents with the court within specified timeframes, typically 30 days after receiving garnishment or execution notices.

Removing or Satisfying Liens and Judgments in Nebraska

Removing liens and judgments from public records requires following specific procedures established by Nebraska law. Different lien types involve different satisfaction processes.

For judgment liens, the creditor must file a satisfaction of judgment with the court that entered the judgment and with each county clerk where the judgment was transcribed. Nebraska Revised Statute § 25-1505 requires judgment creditors to file satisfactions within 30 days after full payment. The satisfaction document must be acknowledged or notarized and include: the case caption and number, parties' names, judgment amount, and statement that the judgment is satisfied. Filing fees typically range from $5 to $15 per satisfaction depending on the county. Once filed, the satisfaction releases the judgment lien from the debtor's property.

Creditors who fail to file timely satisfactions face potential liability under § 25-1506. Debtors can petition the court to compel satisfaction filing and may recover damages including attorney fees for creditor non-compliance. If a judgment creditor cannot be located or refuses to provide satisfaction, the debtor can file a motion with the court demonstrating payment, and the court may order satisfaction entered.

For mechanics liens, the lienholder files a release of lien with the county clerk where the original lien was recorded. The release must reference the original lien by filing date and document number, identify the property, and state that the lien is released. Property owners can also eliminate mechanics liens by posting a bond under § 52-141 in an amount equal to the lien claim plus costs. This transfers the lien from the property to the bond proceeds, allowing property transactions to proceed while the underlying dispute is resolved.

Tax liens require different procedures. Federal tax liens are released when the IRS issues a Certificate of Release of Federal Tax Lien, which occurs after full payment, expiration of the collection period, or acceptance of an offer in compromise. The IRS files the release with the same county clerk offices where the original NFTL was filed. Nebraska state tax liens are released through the Department of Revenue filing a certificate of release after tax obligations are satisfied.

Statute of limitations provides another avenue for eliminating judgment enforceability. Under § 25-1515, judgments expire five years after entry unless revived. If a creditor fails to revive a judgment before expiration, it becomes unenforceable, though the original judgment record remains. Debtors facing collection efforts on expired judgments can raise statute of limitations as a defense, potentially barring collection activities and justifying removal of liens based on expired judgments.

Do-It-Yourself Resources for Nebraska

Nebraska provides numerous resources for individuals handling judgment and lien matters without attorney representation.

The Nebraska Judicial Branch maintains a Self-Help Center with online resources at www.supremecourt.nebraska.gov. The site offers approved forms for common legal procedures, including satisfaction of judgment forms, garnishment exemption claims, and small claims court documents. Many forms include instructions explaining filing requirements and procedures.

The Nebraska State Bar Association operates a Lawyer Referral Service at (402) 475-7091 and offers limited-scope representation information. Their website at www.nebar.com provides public legal information and resources for finding attorneys who offer unbundled legal services at reduced rates.

Legal aid organizations serve low-income Nebraskans with free civil legal assistance. Legal Aid of Nebraska (www.legalaidofnebraska.org) maintains offices in Lincoln (402-435-2161), Omaha (402-348-1069), North Platte (308-534-1743), and Scottsbluff (308-632-4733). They assist with judgment defense, debt collection issues, and housing matters for eligible clients.

The Nebraska State Court Administrator's Office publishes guides on court procedures, including collection defense and small claims processes. County court clerks throughout Nebraska can provide procedural information about filing requirements, though they cannot give legal advice.

The Nebraska Secretary of State's office offers assistance with UCC searches and filings at (402) 471-4079. Staff can explain filing procedures and search techniques, though they cannot provide legal advice about secured transactions or priority disputes.

Frequently Asked Questions

How long does a judgment last in Nebraska?

A judgment in Nebraska remains valid for five years from the date of entry under Nebraska Revised Statute § 25-1515. Before expiration, the judgment creditor can file a revival action under § 25-1517 to extend the judgment for an additional five years. This revival process can be repeated, potentially keeping a judgment enforceable indefinitely as long as the creditor takes timely action. However, if the judgment expires without revival, it becomes unenforceable, though the court record remains. Judgment liens on real property expire when the underlying judgment expires.

Can I buy a house in Nebraska if I have a judgment against me?

Yes, you can purchase property in Nebraska with an outstanding judgment, but the judgment may create complications. If the judgment has been transcribed to the county where you're buying property, a judgment lien will attach to your new property once you take title. However, the judgment lien does not prevent the purchase transaction itself. If you're obtaining mortgage financing, lenders may require satisfaction of the judgment before closing, as liens affect property value and the lender's security interest. Some buyers with judgments purchase property using cash or seller financing to avoid lender requirements, though the judgment lien will still attach to the property.

How do I remove a judgment from my credit report in Nebraska?

Since 2017, the major credit bureaus (Equifax, Experian, and TransUnion) have removed most civil judgment information from credit reports due to data accuracy concerns. However, some judgments may still appear. To remove a judgment from your credit report, first satisfy the judgment by paying it in full and obtaining a satisfaction of judgment filed with the court and county clerk. Then dispute the judgment with credit bureaus by providing proof of satisfaction. Under the Fair Credit Reporting Act, bureaus must investigate disputes within 30 days. If the judgment was satisfied or is inaccurate, the bureau should remove it. Note that even when removed from credit reports, judgments remain public records discoverable through court and county searches.

What property is protected from judgment creditors in Nebraska?

Nebraska law provides substantial exemptions protecting essential property from judgment collection. The homestead exemption (§ 40-101) protects up to $60,000 of equity in your primary residence. Personal property exemptions (§ 25-1556) include: household furnishings and goods up to $1,500; tools of trade up to $2,400; one motor vehicle up to $2,400; professionally prescribed health aids; personal injury recoveries; and clothing. Additionally, § 25-1552 provides a $2,500 exemption for personal property, often applied to bank accounts. Retirement accounts, including 401(k)s and IRAs, enjoy protection under separate statutes. Social Security benefits, disability payments, unemployment compensation, and veterans' benefits are generally exempt from garnishment. To claim exemptions, you must file appropriate documents with the court within specified timeframes, typically 30 days after receiving notice of garnishment or execution.

How do I search for liens on Nebraska property before buying?

Comprehensive lien searches require checking multiple sources. First, search the county clerk's records in the county where the property is located for transcribed judgments, mechanics liens, and tax liens. Most larger counties offer online search portals; smaller counties may require in-person visits or phone inquiries. Second, review the property's title history through a title company or abstractor, which will reveal recorded liens, mortgages, and encumbrances. Third, search the Nebraska Secretary of State's UCC database for financing statements that might indicate liens on fixtures or personal property. Fourth, check federal tax lien records with the county clerk. Finally, search court records for pending lawsuits involving the property owner that might result in future judgments. Most property buyers hire title companies to conduct professional title searches and obtain title insurance protecting against undiscovered liens.

Can a creditor garnish my wages in Nebraska for a credit card judgment?

Yes, once a creditor obtains a judgment for unpaid credit card debt, they can garnish wages in Nebraska. Under § 25-1558 and federal law, creditors can garnish the lesser of: (1) 25% of your disposable earnings, or (2) the amount by which your disposable earnings exceed 30 times the federal minimum wage per week. Disposable earnings means gross wages minus legally required deductions (taxes, Social Security, Medicare). Before garnishment begins, you receive notice and have 30 days to claim exemptions or challenge the garnishment. If your income is primarily from Social Security, disability, veterans' benefits, or other protected sources, these funds are generally exempt from garnishment. To stop wage garnishment, you can: pay the judgment in full, negotiate a settlement with the creditor, claim applicable exemptions, or file bankruptcy (which triggers an automatic stay halting collection activities).

How long does a mechanics lien last in Nebraska?

A mechanics lien in Nebraska remains enforceable for two years from the filing date under § 52-139. However, to maintain the lien during this period, the lienholder must file a foreclosure action within two years of filing the lien. If no foreclosure action is filed within two years, the lien expires and becomes unenforceable. This relatively short enforcement period reflects the balance between protecting contractors' payment rights and preventing indefinite clouds on property titles. Property owners facing mechanics liens can eliminate them by: (1) paying the claim in full and obtaining a release; (2) successfully defending against the lien claim in court; (3) posting a bond under § 52-141 equal to the claim amount plus costs, which transfers the lien to the bond proceeds; or (4) waiting for the two-year period to expire without foreclosure action being filed.

What happens if a judgment creditor doesn't file a satisfaction after I pay?

Nebraska law requires judgment creditors to file satisfactions within 30 days after full payment under § 25-1505. If the creditor fails to file, you have several remedies. First, contact the creditor in writing with proof of payment, demanding they file the satisfaction. If they still refuse or don't respond, file a motion with the court that entered the judgment, providing evidence of payment (canceled checks, payment receipts, settlement agreements). The court can order the creditor to file satisfaction and may award you damages, including reasonable attorney fees, under § 25-1506. If the creditor cannot be located, the court can enter an order satisfying the judgment based on your proof of payment. Once satisfied by court order, file certified copies with the county clerk in each county where the judgment was transcribed to release the liens