Nebraska Judgment: Types, Records, Duration, and What to Expect

A judgment is a judge’s pronouncement at the end of a case. It settles all disputes and states the rights and obligations of all parties involved in the case. In Nebraska, judgments may arise from restitution in criminal cases, civil lawsuits, or cases involving debts, property, or family matters. Once entered in the clerk’s docket, a judgment is legally enforceable, and failure to comply with it may result in liens, wage garnishments, or credit reporting.

What Is a Judgment in Nebraska?

In Nebraska, a judgment is the final decision of a court that determines the rights and obligations of all parties involved in a case. It is a legal document that states all the relief granted or denied in a case. Once recorded by the clerk of the court, judgments carry the authority of law, and creditors may enforce them through garnishments, liens, or levies.

Judgments in Nebraska have serious implications, especially for parties who fail to honor them. It may lead to financial instability, loss, or difficulties in accessing property until the judgment is fully satisfied or expires.

Types of Judgments in Nebraska

Judges in Nebraska may issue several types of judgments depending on the case. These include:

Money Judgments

In money judgments, the court mandates debtors to pay their creditors a fixed sum of money due to unpaid debts or breach of contract. It could also result from damages awarded against a defendant in a civil lawsuit.

Default Judgments

A judge declares a default judgment in a District Court or County Court when a defendant fails to answer a lawsuit or misses a hearing. In such cases, the plaintiff automatically wins, and the court typically grants the requested relief.

Property or Lien Judgments

Creditors may secure a judgment lien against a debtor’s property from the court to secure repayment for their funds. In Nebraska, liens are recorded with the county register and executed by the clerk of court. It is enforceable for two years after the recording of the lien.

Family Court Judgments

Family court judgments arise from family law cases, which include child support, custody, and spousal support. The law strictly enforces these, and all parties must comply with the judgment. Failure to comply with the order may result in wage withholding, contempt proceedings, or liens against property.

Criminal Restitution Judgments

In criminal cases, Nebraska statute enables the court to order the offender to make restitution for the property damage or loss sustained by the victim. These judgments are enforceable until they are fully satisfied.

How to Search for Judgments in Nebraska

In Nebraska, judgment records typically provide the case number, court location, parties involved in the case, judgment date, or amount. Judgments are examples of public records in Nebraska and may be accessed by individuals through several methods, including:

• Clerk of Court Offices – Every county in Nebraska has a clerk at either the District or County Court that maintains court records, including judgment records. Individuals may contact the clerk’s offices in person to obtain copies of judgments.
• JUSTICE Search Portal: The Nebraska Judicial Branch provides an online One-Time Case Search Portal that enables individuals to access case records, including judgments. The portal costs $15 per search, and payment must be made before record seekers can proceed to search for records. They may use the case number, party name, or filing date as the search criterion.
• Judgment Case Search: The Nebraska Supreme Court maintains a Case Search where the public can access judgments for all cases from District and County Courts in the state.
• Third-Party Services – Some providers compile judgment data across multiple courts in Nebraska that is accessible to the public. Users must be aware of the risks associated with the authenticity and accuracy of records from third parties.

Judgment Records in Major Nebraska Counties

In Nebraska, each county keeps its own records of court judgments at the clerk’s offices. Bigger counties usually have more options for the public to access these records, which include:

• Omaha (Douglas County): Individuals may request a copy of a court document from the Douglas County District Court or visit the County Court for records.
• Lincoln (Lancaster County): Lancaster County judgments are available via the statewide online portal and locally at the court clerk’s office.
• Grand Island (Hall County): The public may find Hall County judgments online or visit the courthouse clerk’s office.

How Long Does a Judgment Last in Nebraska?

In Nebraska, a judgment is valid and enforceable for five years from the date it is entered. Creditors may approach the court to renew the judgment for another five years if it becomes dormant.

What Happens After a Judgment Is Entered in Nebraska?

Once a judgment is entered, creditors gain the right to enforce it on the other party. There are legal implications for the creditors and debtors, which include:

For Creditors:

• WageGarnishment: Creditors obtain a court order empowering them to approach employers to withhold part of a debtor’s wages to repay their debts until the judgment is satisfied.
• Judgment Liens: Creditors may record liens against the debtor’s property to recover the debtor’s debt.
• Bank Levies: Creditors may approach the court for an order requesting funds directly from a debtor’s bank account to cover the judgment.

For Debtors:

• Credit Reporting: Judgments may appear on credit reports and lower the credit scores of the debtors. It could also cause difficulties in accessing capital in a financial body.
• Satisfaction of Judgment: Once the creditor has recovered all their funds from the debtor, they must file a Satisfaction of Judgment with the court. This document affirms the completion of the judgment and releases the debtor from their debts.
• Appeals or Motions to Vacate: If a judgment was unfair or biased towards the debtor, they may appeal it or request to vacate it.