ARL CREDIT SERVICES, INC. v. Piper

Cassel, Judge.

INTRODUCTION

In this appeal, we consider whether a judgment debtor may assert the in-lieu-of-homestead exemption, provided by Neb. Rev. Stat. § 25-1552 (Cum. Supp. 2006), in response to a garnishment summons against the judgment debtor’s bank account. Because such exemption is authorized by statute and supported in case law and long-established practice, we reverse the judgments of the courts below and remand the cause for further proceedings in conformity with this opinion.

FACTUAL AND PROCEDURAL BACKGROUND

On December 1, 1997, in the county court for Platte County, ARL Credit…