Application And Order Of Continuing Lien

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Application And Order Of Continuing Lien Form. This is a Nebraska form and can be use in 3rd District Local County.

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STATE OF NEBRASKA FORM NO. 3:8D 9/97 Revised Sec. 25-1056 R.R.S. Application and Order of Continuing Lien CASE NUMBER INSTRUCTIONS TO THE GARNISHEE Beginning with the pay period during which the summons and order of garnishment was served and while the continuing lien remains in effect, you shall deliver the nonexempt earnings to the court for each pay period or on a monthly basis if you so desire, and shall deliver to the judgment debtor his or her exempt earnings for each pay period. A continuing lien shall be invalid and shall have no force and effect upon the occurrences of any of the following: a. The underlying judgment is satisfied in full, vacated expires; b. The judgment debtor leaves your employ for more than 60 days; c. The judgment creditor releases the garnishment; d. The proceedings are stayed by a court of competent jurisdiction, including the United States Bankruptcy Court; e. The judgment debtor has not earned any nonexempt earnings for at least 60 days; f. The court orders that the garnishment be quashed; g. 90 days have expired since service of the summons and order of garnishment. The judgment creditor may extend the lien for a second 90-day period by filing with the court a notice of extension during the 15 days immediately prior to the expiration of the initial lien. The judgment creditor will notify you that the continuing lien has been extended; or h. If you receive a continuing lien with a higher priority. The amount of judgment, interest and cost shown due on the face of the summons is not necessarily the TOTAL amount due. The amount due will change as interest, costs or support continues to accrue. The judgment creditor must inform the employer when the judgment is satisfied in full. ONLY ONE ORDER OF CONTINUING LIEN SHALL BE IN EFFECT AT ONE TIME. Refer to the original garnishment summons to determine priority of liens. American LegalNet, Inc. www.FormsWorkflow.com STATE OF NEBRASKA FORM NO. 3:8D 9/97 Revised Sec. 25-1056 R.R.S. Application and Order of Continuing Lien CASE NUMBER IN THE ______________ COURT OF ___________________ COUNTY, NEBRASKA Plaintiff, Application and Order of Continuing Lien vs Defendant. APPLICATION Upon reviewing the answers to the interrogatories and a showing that the garnishee will owe the judgment debtor earnings within sixty days, I hereby request the court to order in the nonexempt funds and issue an order of continuing lien. Date: __________________________________ , 20 Judgment creditor: American LegalNet, Inc. www.FormsWorkflow.com STATE OF NEBRASKA FORM NO. 3:8D 9/97 Revised Sec. 25-1056 R.R.S. Application and Order of Continuing Lien CASE NUMBER ORDER OF CONTINUING LIEN This is a continuing lien for the support of a person. This is a continuing lien for other than the support of a person. On this ________ day of 20 upon application of the judgment creditor, the Court finds (1) that the judgment debtor is an employee of the garnishee, (2) that the garnishee owed earnings to the judgment debtor when the garnishment order was served or that earnings will be owed within sixty days thereafter, and (3) that there is not a successful written objection to the order or the answer of the garnishee filed. THE COURT THEREFORE ORDERS that the nonexempt earnings in the amount of $_______________ be transferred to the court and the garnishment issued is a continuing lien against the nonexempt earnings of the judgment debtor and the garnishee is to continue withholding the nonexempt earnings of the judgment debtor until (90 days from date of service of the summons and order of garnishment) and pay all such nonexempt earnings into the court. DATE: BY THE COURT: (Judge/Magistrate) American LegalNet, Inc. www.FormsWorkflow.com