A judgment record in Nebraska is a document in which the entry of a judgment is preserved as a permanent court record. It is often the last document to be entered into the court file unless there is an appeal.
Like most Nebraska court records, judgment records are generated by the state courts and provided to interested and eligible members of the public on request. These records typically contain judgment-specific information, such as the personal information of the parties involved, the case summary, the court's findings, the relief granted, and the presiding judge's name.
What is a Judgment?
According to Neb. Rev. Stat. § 25-1301, a judgment is a court's final decision in a lawsuit that spells out the rights and obligations of parties involved as well as the court's reason for entering that particular order. A Nebraska judgment will either award monetary or non-monetary remedies to successful litigants.
Nebraska Judgment Laws
Nebraska's judgment laws are outlined in Chapter 25 of the Nebraska Revised Statutes. These statutes direct the rendering of judgments in the judicial system and the legal procedures by which plaintiffs and defendants can collect their judgments.
What is Judgment Lien?
In Nebraska, a judgment lien is a claim that a judgment creditor places on a judgment debtor's property due to a failure, on the debtor's part, to satisfy a judgment. The lien gives the creditor the right to be paid a sum of money from the sale proceeds of the debtor's property.
A judgment lien in Nebraska remains attached to the debtor's property for five years.
What is a Nebraska Summary Judgment?
A summary judgment in Nebraska is a type of judgment entered by the court in favor of a litigant without a full trial. This judgment is granted when the pleadings and evidence submitted to the court show that there is no genuine dispute to the material facts of a case, and the moving party is entitled to a judgment by law.
What is a Summary Judgment Motion in Nebraska?
A summary judgment motion in Nebraska is a request made by a case party asking the court to issue a summary judgment because they believe there is no genuine dispute over the facts of the case. The party who files the motion can be the plaintiff or the defendant.
Nebraska Judgment Record Search
The Nebraska judgment records are accessible to all members of the public under the state's Public Records Law. This means anyone can request and receive access to these records, except when such records are not subject to disclosure or have been destroyed.
Nebraska judgment records can be utilized for several purposes, and residents can obtain these records from the court after the case is closed. The judgment records will show when payments were made, how much was paid, and what remains, among other information.
Any person interested in searching for a judgment in Nebraska can use the judicial branch's JUSTICE court case search system. This search tool can return up to 30 court cases. However, a compulsory fee of $15 per search (payable by credit card or Gov2GO Pay) is required. Also, the user can only view case information (a judgment date, the presiding judge, etc.) via the service, and the party will not be able to view court documents. More details about the JUSTICE system can be found on the state judiciary's website.
To view documents online, an individual must subscribe to Nebraska.gov. As a subscriber, the party will be able to search for judgment records at a $1 fee and view related document images without paying an additional cost.
How Do I Look Up A Judgment in the State of Nebraska?
Anyone who wishes to look up a judgment in Nebraska should first identify the case type and the court where the case was filed. Knowing these would inform the person on the next steps to take.
As courts keep records at their physical locations, individuals can visit a courthouse to query the clerk's office. It is not compulsory for the requester to state reasons for wanting to view the judgment. The party's usage of the record is also not restricted.
Alternatively, members of the public can use the JUSTICE public access terminals situated within the courthouse to look up a judgment.
What Happens if You Have a Judgment Against You in Nebraska?
When a Nebraska court issues a judgment, that judgment becomes binding on all parties involved in the litigation. The losing party becomes the judgment debtor and is responsible for damages or fulfilling an imposed obligation to the winning party, the judgment creditor.
If the debtor does not willingly satisfy the judgment, the creditor may attempt to collect the judgment using legal methods. These include bank account execution, wage garnishment, property execution, license suspension, etc.
How Do I Find Out If I Have Any Judgments Against Me in Nebraska?
Civilians can find out if they have any judgment against them in Nebraska by checking their mail. Usually, people who become judgment debtors will receive mail notification from the court.
Also, calling the court clerk's office, checking for wage garnishments, or searching with the state judiciary's case search tool are other ways to find outstanding judgments in Nebraska.
Upon finding an outstanding money judgment, there are a few options that the debtor could explore for payment:
- Online
- Through court clerks
- Through the creditor's attorney
How Long Does A Judgment Stay on Your Record?
A judgment is not a criminal or arrest record that can be expunged. As judgments are the outcomes of civil proceedings, the Nebraska courts maintain these records permanently and make them accessible to the public unless otherwise stated by law.
How to Enforce Judgment in Nebraska?
Winning a judgment in Nebraska is not a guarantee that the successful party will collect the money owed immediately. Although a judge issues the judgment, the court is not responsible for collecting the judgment for the creditor.
If the debtor does not willingly pay the judgment, the creditor may enforce the judgment through court processes, which will result in:
- Wage garnishment: Garnishment forms are available from the clerks of the county courts. However, it is essential to know the bank with which the debtor does business or their workplace.
- Seizure of bank accounts
- Seizure and sale of the debtor's assets
Even if a judgment is appealed, the creditor can still commence collection proceedings unless the debtor posts a superseded bond (a bond equal to or greater than the amount of the judgment). If a superseded bond is posted, the creditor must wait until the appeal is decided before collecting the judgment.
Enforcement proceedings can be complicated. The judgment creditor must decide whether to use a lawyer to recover the judgment debt or go at it alone.
How to Collect a Judgment in Nebraska
To collect a judgment in Nebraska is to enforce it. Both "collect" and "enforce" refer to the legal responsibility of the winning party to recover a judgment debt. However, a judgment creditor must use only lawful means to collect a judgment. Harassing, physically abusing the debtor, slandering, or telling third parties about the debt and debtor is illegal and may cause the debtor to file an action against the creditor.
In Nebraska, the three common ways for a creditor to collect a judgment include:
- Wage garnishment
- Bank garnishment
- Sheriff execution
Both garnishments and executions are risky for the creditor. Unless the property or bank account to be garnished is readily apparent, it is advisable to talk to a lawyer before enforcing the judgment.
A lawyer can assist in preparing and filing the necessary papers to collect the judgment. The lawyer can also help avoid unlawful executions and garnishments, which can result in a lawsuit being filed by the debtor or another offended party against the creditor. If the debtor files an action against the creditor for unlawful execution, the amount of that suit could be more considerable than the original judgment.
What Happens if a Defendant Does Not Pay a Judgment in Nebraska?
Unfortunately, only bad things result from a defendant's inaction after the entry of a judgment. Hence, any defendant is counseled to pay their judgment as soon as they learn of it. Alternatively, the defendant can file a notice of appeal or motion to vacate the judgment within 30 days of the judgment's entry if they have legal grounds to oppose the judgment.
Otherwise, that person may face asset seizures, wage garnishments, professional or driver's license suspension, and post-judgment costs and interest, among other repercussions. The existence of unsatisfied judgments can also make it hard to access financing.
What Personal Property Can Be Seized in a Judgment in Nebraska?
To satisfy a judgment in Nebraska, judgment creditors can seize property that a debtor currently possesses, property that the debtor owns but does not physically possess, and property that the debtor recently gave away. This includes the debtor's income, assets, and real or personal properties. However, specific personal properties like food, clothes, and income are exempt from collection to satisfy a judgment under Nebraska law.
Usually, when a sheriff seizes personal property on behalf of a creditor, the debtor will get a Notice of Levy packet. Suppose the state's exemption laws cover one or more properties. In that case, the debtor can file the Claim of Exemption form received in the packet with that officer, provided it is done within 15 days of receiving the notice by hand-delivery (20 days for mail service).
Nebraska Judgment Interest Rate
Nebraska's judgment interest rate is updated each annual quarter. Any judgment issued within the quarter will accumulate interest at the fixed rate from the date of its rendition until the judgment debtor pays it off. As of October 21, 2021, the state's judgment interest rate is 2.056%.
What is a Default Judgment?
A default judgment is awarded to a plaintiff when a defendant fails to respond to a lawsuit within the required period, typically 30 days. In debt collection cases, personal injury claims, and other claims for money damages, a default judgment is an automatic win for the plaintiff as the court will most likely give the party the requested sum.
However, a defendant may vacate or set aside the judgment and revive the case if they have a legitimate reason for defaulting.
How to File a Motion to Set Aside Default Judgment in Nebraska
In Nebraska, default judgments are typically issued when a defendant fails to attend a hearing regarding a civil matter or respond to a summons. Fortunately, it is possible to set aside ("cancel") a default judgment in Nebraska. Upon setting aside the judgment, the court will grant the defendant a new trial or approve a new date for the trial.
The procedure for clearing a default judgment in the state is the same regardless of the case type or hearing court (general civil or small claims), but the forms and timeline to file may differ. For example, the procedure for setting aside a small claims default judgment involves:
- Filing a Motion to Set Aside Default Judgment and Application For New Trial (CC 4:9) with the county court within the 30 days following the entry of the small claims judgment.
The person filing the motion may choose to be represented by an attorney. If self-represented, the individual must prepare and file the CC 4:9 form themselves. The court clerk cannot help with preparing the form or any other legal document and can only provide limited information about the process.
File a Motion to Vacate Judgment in Nebraska
To vacate a judgment in Nebraska means to set it aside, and vice versa. Vacating a judgment is a form of relief given to litigants who can provide the trial court with good cause to alter or void a judgment. With this legal procedure, a party can remove or modify the legal obligation imposed by a judgment without going through a complex appeal process.
Generally, a motion to vacate a judgment in Nebraska entails filing a written request with the court and attending a hearing on the motion.
How to Remove an Abstract of Judgment in Nebraska
An "abstract of judgment" is a legal form that a judgment creditor files to place a lien on a debtor's real property (land, building, etc.) or pending lawsuit to recover a judgment debt.
The abstract must be filed with a county recorder's office in every county that the debtor owns or will own real estate. By doing this, the creditor attaches a lien to the debtor's real estate, and the judgment can be paid from the sale proceeds of the debtor's property.
The only way to eliminate a lien created by an abstract of judgment in Nebraska is to pay what is owed to the creditor. Unless a statute of limitations releases the lien, only the creditor can remove it by filing a Satisfaction of Judgment in court, which can only happen if the debtor complies with the judgment.
How Long is a Judgment Good for in Nebraska
A judgment rendered in Nebraska is only good for five years from the date of its entry, except an execution is issued within that period. Subsequently, the judgment becomes dormant and ceases to be a lien on the debtor's real estate.
Nebraska Judgment Statute of Limitations Law
In Nebraska, the statute of limitations law overseeing the enforceability of judgments is Neb. Rev. Stat. § 25-1515. Under this law, Nebraska judgments have a five-year statute of limitations. After this time passes, a judgment is considered dormant, and the losing party will not be liable to any more debt.
However, dormant judgments can be revived if the creditor files an action under Neb. Rev. Stat. § 25-1420 within ten years of the dormancy. If the judgment is not revived within those ten years, it becomes void.
