NEBRASKA BANK LEVY

There are four avenues of Post-Judgment proceedings to collect on judgments. I am going to discuss the Bank Levy. This procedure can be called Citation To Discover Assets to the Third Party  or Non-Wage Deduction in other states.

After being awarded the judgment in the Eviction or Small Claims court, the first step is to record the judgment. This procedure puts on a lien on any property the defendant owns. They would have to pay the judgment before they can receive funds for the sale.

You can’t proceed to post-judgment proceedings until 30 days after the judgment has been awarded. This is one of the defendant’s rights to file a motion to vacate the judgment within 30 days. This is usually a tactic to delay the removal from the property.

RECORDING JUDGMENT AT COURTHOUSE

The plaintiff will file a Bank Levy with the clerk of the courts. If the defendant has multiple checking or saving accounts, they can file a individual Bank Levies on all the financial institutions.

The clerk will issuet a court date. Plaintiff must appear but the defendant is not required to appear. If the defendant is contesting the Bank Levy then he/she will appear.

Affidavit of Non-Wage Deduction

Notice to Judgment Debtor (Non-Wage Deduction)

Order of Summons in Garnishment and Third Party Respondent/Interrogatoires documents.

These documents must be served to the banking institution by the sheriff. The Notice to Judgment Debtor must be sent certified mail with return receipt to the defendant.

The banking institution will send the filled out Interrogatoires to the plaintiff before court. This document states the amount of funds that are available in the checking or savings account.

All accounts are frozen when the documents are served.  The accounts will remain frozen until notification to release is ordered by the Judge.

Before court, pick up Proof of Service of court documents served to the bank by the sheriff

Arrive ten minutes early to prepare for the court proceedings. Be sure to have all your documents that you will be presenting in order. Practice the night before to make sure it goes smooth with the Judge.

When called to the podium, you will present the Proof of Service and the filled out Interrogatoires to the Judge.

Be sure to have a Court Order filled out with the appropriate information to present to the Judge to sign. The Judge will fill in the amount to be released and the court costs.

If you have multiple Bank Levies then you wil need the Proof of Service and Interrogatoires from each of the banks.