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J.M. v. Hobbs

Nebraska Supreme Court

797 N.W.2d 227 (2011)

Relevant factsFree

J.M. (plaintiff), guardian of minor C.M., won a judgment against former patrolman Billy Hobbs (defendant) for sexually assaulting C.M., but Hobbs, now incarcerated, had not satisfied it and was instead receiving retirement benefits under the Nebraska State Patrol Retirement Act (Act). J.M. moved to require Hobbs to use those retirement benefits to satisfy the judgment; Hobbs argued the benefits were statutorily exempt from execution, and the district court agreed and denied J.M.'s motion, leading to this appeal (with the Nebraska Supreme Court granting bypass of the court of appeals).

IssueFree

Whether an anti-attachment statute may prevent garnishment even if a creditor is attempting to collect compensation for a crime or tort.

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