My question involves court procedures for the state of: Nebraska.
Recently, my girlfriend was denied a motion to quash due to defective service. A constable executed drop service at a residence that she'd recently moved away from. She had a copy of her new lease agreement showing her address at the time of service, but the judge refused to accept the evidence. This is in direct conflict with NE statute 25-501.1. In addition, the judgement had not been entered until 7 months from the filing date. According to NE statute 25-217, this matter should "stand dismissed" and self-executing. However, he entered a judgement against her anyway and refused to allow her to be heard. Her voluntary appearance was entered 8 months after filing to amend status as head of household, which she made upon becoming aware of pending garnishment of wages. She has since entered an appeal. Can you suggest how she could proceed in this matter that would be acknowledged by the appellate court?
Recently, my girlfriend was denied a motion to quash due to defective service. A constable executed drop service at a residence that she'd recently moved away from. She had a copy of her new lease agreement showing her address at the time of service, but the judge refused to accept the evidence. This is in direct conflict with NE statute 25-501.1. In addition, the judgement had not been entered until 7 months from the filing date. According to NE statute 25-217, this matter should "stand dismissed" and self-executing. However, he entered a judgement against her anyway and refused to allow her to be heard. Her voluntary appearance was entered 8 months after filing to amend status as head of household, which she made upon becoming aware of pending garnishment of wages. She has since entered an appeal. Can you suggest how she could proceed in this matter that would be acknowledged by the appellate court?
Small Claims Appeal
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