Wage garnishment and exemptions in Nebraska

Nebraska uses the federal 25% limit on wage garnishment. Plus what a creditor can't touch in your bank account and what property you keep.

Short answer

Nebraska follows the federal limit on wage garnishment. Stricter for a head of family: no more than 15% of disposable earnings a week. Others: same as federal (25%, or the amount above 30 times the federal minimum wage, whichever is less). We could not confirm a general dollar amount protected in a bank account in Nebraska; directly deposited federal benefits are still protected (31 CFR 212.6).

Wage limit
25% (federal limit); 15% for head of family
Federal benefits in a bank account
Up to 2 months protected
Law
Neb. Rev. Stat. § 25-1558

Your paycheck and garnishment in Nebraska

Wage limit
Stricter for a head of family: no more than 15% of disposable earnings a week. Others: same as federal (25%, or the amount above 30 times the federal minimum wage, whichever is less). Not for support, Chapter 13 or tax orders.
Head of household
15% cap if you actually support and maintain one or more relatives or dependents (Neb. Rev. Stat. § 25-1558(1)(c), (4)(d)). Courts must grant the exemption without further proceedings (§ 25-1558(3)).
Law
Neb. Rev. Stat. § 25-1558

Nebraska is one of 17 states in our 48 state guides that use the federal limit (15 U.S.C. 1673(a)).

In nearby states

What creditors can't take in Nebraska

  • Homestead up to $120,000 (raised by LB1195 in 2024) (Neb. Rev. Stat. § 40-101).
  • A motor vehicle up to $5,000 (§ 25-1556(1)(e)) and $5,000 of other personal property you choose, except wages (§ 25-1552).
  • The Department of Revenue adjusts these personal property amounts for inflation every 5 years starting 2023, so current amounts may be higher.

Good to know in Nebraska

  • Head-of-family garnishment limit of 15% is lower than the federal 25% (Neb. Rev. Stat. § 25-1558).
  • 2024: homestead exemption raised to $120,000 (LB1195).

What Nebraska protects in a bank account

Two months of federal benefits paid by direct deposit are off-limits to a garnishment, and the bank applies this on its own (31 CFR 212.5, 212.6). More in our guide to debt lawsuits.

The lawsuit comes first in Nebraska

If you don't appear in small claims, judgment will be entered against you; you have 10 days to ask for a new trial, and later you can ask the court to set aside the default (Nebraska Judicial Branch).

The time to answer in Nebraska: County or district court civil case: serve an answer within 30 days after you are served (Neb. Ct. R. Pldg. § 6-1112).

What to do if you are sued in Nebraska

How to claim an exemption in Nebraska

  1. Read every notice

    Exemption deadlines on court, employer or bank papers can be short, so mark them at once.

  2. Apply Nebraska's wage rule

    Nebraska's wage rule: Stricter for a head of family: no more than 15% of disposable earnings a week. 15% cap if you actually support and maintain one or more relatives or dependents (Neb. Rev. Stat. § 25-1558(1)(c), (4)(d)).

  3. Protect your bank money

    Check that the bank protected your direct-deposited benefits (31 CFR 212.6).

  4. File the exemption claim

    File the court's exemption claim form before the deadline; the clerk has it. Start with Nebraska court self-help (official).

Questions about garnishment in Nebraska

Can a creditor take my wages in Nebraska, and how much?

Stricter for a head of family: no more than 15% of disposable earnings a week. Others: same as federal (25%, or the amount above 30 times the federal minimum wage, whichever is less). Not for support, Chapter 13 or tax orders.

Is there a head-of-household exemption in Nebraska?

15% cap if you actually support and maintain one or more relatives or dependents (Neb. Rev. Stat. § 25-1558(1)(c), (4)(d)). Courts must grant the exemption without further proceedings (§ 25-1558(3)).

What property is protected from creditors in Nebraska?

Homestead up to $120,000 (raised by LB1195 in 2024) (Neb. Rev. Stat. § 40-101). A motor vehicle up to $5,000 (§ 25-1556(1)(e)) and $5,000 of other personal property you choose, except wages (§ 25-1552). The Department of Revenue adjusts these personal property amounts for inflation every 5 years starting 2023, so current amounts may be higher.

More for Nebraska

Wage garnishment in nearby states