Per Curiam.
This is an appeal from an order overruling an "Objection to Garnishee's Answers to Interrogatories" on the finding that the objection was filed after the 20-day time period set forth in Neb.Rev.Stat. § 25-1030 (Reissue 2008). ML Manager, LLC, and SOJ Loan, LLC (collectively ML Manager), contend that under § 25-1030, the 20-day time period should not begin until the garnishor receives notice. The issue presented as a matter of first impression is whether a garnishee must serve the garnishor with its interrogatory answers.
ML Manager obtained a valid default judgment against Dale M. Jensen and Vicki S. Jensen for the principal amount of $52,024,377.16. On April 24, 2012, ML Manager had a summons and order of garnishment in aid of execution issued to Pioneer Ventures, LLC. Along with the summons, ML Manager served Pioneer Ventures with interrogatories. The summons stated that "[y]ou are required by law to answer the attached Interrogatories and file them in this court within 10 days of service of this Summons upon you."
On April 30, 2012, Pioneer Ventures timely filed its answers to the interrogatories with the clerk of the court. ML Manager was not served with the answers, but independently learned of the answers on May 7, 2012. On May 25, ML Manager filed an objection to the answers to interrogatories. ML Manager requested a hearing on the issues raised in its objection.
A hearing was held on the objections. No evidence was presented, and there is no bill of exceptions. In its order, the trial court ruled that ML Manager's objection was untimely under § 25-1030, because the objection was filed more than 20 days after Pioneer Ventures had filed its answers on April 30, 2012. ML Manager now appeals.
ML Manager assigns, restated and summarized, that the trial court erred by (1) ruling that the 20-day time limit of § 25-1030 began to run from when the answer was filed and not when ML Manager received actual notice, (2) not requiring service of the answers by Pioneer Ventures
Garnishment is a legal proceeding. To the extent factual issues are involved, the findings of a garnishment hearing judge have the effect of findings by a jury and, on appeal, will not be set aside unless clearly wrong.
Statutory interpretation is a question of law that an appellate court resolves independently of the trial court.
ML Manager argues that the 20-day period to file an application should not have begun until ML Manager had received actual notice that the interrogatory answers had been filed. In support of this contention, ML Manager argues that (1) the garnishment statutes require service and notice, (2) the rules of civil procedure require a garnishee to serve its answers, and (3) ML Manager should be excused for failing to file the objection within 20 days. We address these arguments in that order.
Garnishment in aid of execution is a legal remedy unknown at common law and was created by statute.
To determine whether the garnishee is required to provide service or notice, we must look to the statutes. Neb.Rev.Stat. § 25-1026 (Reissue 2008) explains how the garnishee should answer the interrogatories and states:
Section 25-1056 specifies that "[t]he summons shall be returnable within ten days from the date of its issuance and shall require the garnishee to answer within ten days from the date of service upon him or her." If the garnishee fails to answer, Neb.Rev.Stat. § 25-1028 (Reissue 2008) states the garnishee "shall be presumed to be indebted to the defendant." If the garnishee answers, § 25-1030 gives the garnishor an opportunity to challenge the garnishee's answers to the interrogatories. Section 25-1030 states, in its entirety:
Under our traditional rules of interpretation, if a statute is in derogation of common law, it is to be strictly construed.
In 1985, this court, relying on cases from Michigan and Wisconsin, applied strict construction to garnishment statutes for the first time.
As set out in § 25-2218, the code of civil procedure, which encompasses the entirety of chapter 25 of the Nebraska Revised Statutes, should not be strictly construed. To the extent that NC+ Hybrids v. Growers Seed Assn.
Because the garnishment statutes are part of chapter 25, we will view them under our general rules of statutory interpretation. The rules of statutory interpretation require an appellate court to give effect to the entire language of a statute, and to reconcile different provisions of the statutes so they are consistent, harmonious, and sensible.
A plain reading of § 25-1030 establishes that if the garnishee appears and answers, the plaintiff must file an application within 20 days. Nowhere in § 25-1030 is the garnishee required to serve its interrogatory answers or to provide any notice to the garnishor. Likewise, § 25-1026, which sets the requirements for how the garnishee shall answer the interrogatories, does not require service or notice.
ML Manager argues that § 25-1030 requires actual notice, because a garnishee's answer can only be "not satisfactory" to the garnishor if the garnishor knows the garnishee's answer. Such an interpretation is flawed because the inclusion of that language is to indicate why a garnishor would want to file an application for a trial. There is no indication in the remaining parts of the statute to indicate that the language was intended to create an actual notice requirement. It seems unlikely that the Legislature would intend to create a notice requirement for the 20-day time period so inconspicuously.
In all other instances in the garnishment statutes, the Legislature has been explicit when it requires service and notice. Neb.Rev.Stat. § 25-1011(1) (Cum.
We have previously stated that the statutory language indicates that the purpose of § 25-1030 was to create an expedited garnishment proceeding.
ML Manager argues that we should interpret the garnishment statute in a manner consistent with notions of due process. In general terms, a litigant has the due process right to adequate notice or of the opportunity to be heard.
We disagree. Although the statute does not require the garnishee to provide notice through service, the statute does provide adequate notice and an opportunity to be heard. After the garnishor serves the garnishee with the summons and interrogatories, the garnishee is required to answer within 10 days.
Therefore, we find that the garnishment statutes, when read as a whole, do not require the garnishee to provide notice, through service or any other means. This construction is consistent with the meaning of the statute, the Legislature's intent, and the notions of due process.
Next, ML Manager argues that even if the garnishment statutes do not require notice and service, service is required by Nebraska's rules of civil procedure. ML Manager directs our attention to Neb. Ct. R. Pldg. § 6-1105(a) (rev. 2008), which states that "every pleading subsequent to the original complaint ... shall be served upon each of the parties." An answer to an interrogatory is a pleading.
However, Neb. Ct. R. Pldg. § 6-1101 states that the rules of civil procedure "apply to the extent not inconsistent with statutes governing such matters." It continues that the rules of civil procedure "shall be construed and administered to secure the just, speedy, and inexpensive determination of every action."
Having established that the garnishment statutes do not require service, we find that § 6-1101 of the rules of pleading is inconsistent with the statutes that govern this matter. Section 6-1101 requires this court to apply the more specific garnishment statutes, which do not require service. This construction is consistent with the rules of civil procedure's purpose of securing a just, speedy, and inexpensive determination of every action.
Finally, ML Manager argues that the trial court abused its discretion in refusing to permit the filing of the objection after the 20 days had passed. ML Manager argues that the facts of this case establish excusable neglect that should entitle it to relief.
ML Manager cites Underwriters v. Cannon,
Without deciding whether our garnishment statutes would permit a trial court to grant an extension of time to file the objection, we find that the trial court did not abuse its discretion in denying ML Manager's request to excuse the late filing. ML Manager has presented no valid reason,
We hold that the garnishment statutes do not require the garnishee to serve, or give notice to, the garnishor of the interrogatory answers. Such an interpretation is consistent with the plain meaning of the statutes, the statutes' purpose to lessen the burden on the garnishee as an innocent third party, and the basic notions of due process. The decision of the trial court is affirmed.
AFFIRMED.
McCormack, J., participating on briefs.
Wright, J., not participating.