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ML Manager, LLC v. Jensen

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Wednesday, October 9, 2013

S-12-1147, ML Manager, L.L.C. and SOJ Loan, L.L.C. (Appellant) v. Dale and Vicky Jensen and Pioneer Ventures, L.L.C.

Lancaster County, Judge Stephanie Stacy

Attorneys: Joel Bacon (Keating, O’Gara, Nedved & Peter PCLLO) (Appellant) --- Terry R. Wittler, Gregory S. Frayser (Cline Williams Wright Johnson & Oldfather LLP)

Civil: Garnishment

Proceedings below: Appellant, as garnishor, caused the issuance of a writ of garnishment and served garnishment interrogatories on Pioneer Ventures, LLC. Pioneer Ventures, LLC filed answers to the interrogatories denying it held any property or money of the judgment debtors (the Jensens). The answers to interrogatories were not served on ML Manager. ML Manager filed an objection and request for determination with the court.

The court found the request for determination must be filed within 20 days of the filing of the Interrogatory Answers, service was not required under Neb. Rev. Stat. § 25-1030 or other statute, case law or due process. The court found the objection and request untimely.

Appellant filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: (1) The Trial Court erred when it ruled that Neb. Rev. Stat. § 25-1030 requires the filing of a Request for Determination within twenty Days of the Answer to Interrogatories Filed by Garnishee and Not Twenty Days after the Garnishor is served with the Answer or Otherwise Learns of it. (2) The Trial Court Erred when it ruled that Due Process Does Not Require Service of the Garnishee's Answer upon the Garnishor Pursuant to Nebraska's Rules of Pleading in Civil Cases. (3) The Trial Court abused its discretion when it did not permit the filing of ML Manager's Request for Determination even if the twenty-day period had expired.

This page was last modified on Wednesday, October 9, 2013