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Zaleski v. Collection Bureau of Grand Island6/24/2003
I. INTRODUCTION
William E. Zaleski appeals from an order of the district court for Lancaster County dismissing Zaleski's petition upon granting the following defendants' demurrers: Collection Bureau of Grand Island, Inc. (Bureau); James F. Worster; Nebraska Department of Correctional Services (DCS); Kathryn Potter; and Wells Fargo Bank (WFB). Zaleski contends that he did plead sufficient facts to state a cause of action. For the reasons stated herein, we reverse the district court's order sustaining the demurrers and remand the case for further proceedings.
II. BACKGROUND
On November 7, 2000, Zaleski filed a petition alleging that the Bureau on "September 22, 1999, instituted or prosecuted an action to collect upon their judgments against [Zaleski] in the county court of Lancaster County . . . to seize or garnish the wages [Zaleski] earned within 60 days prior to the commencement of said proceeding." Zaleski further alleged that the Bureau filed its garnishment action for "the purpose of avoiding the effect of the laws of the State of Nebraska concerning exemptions, in violation of Neb.Rev.Stat. §25-1560 (Reissue 1995)."
Zaleski alleged that Worster, an employee of DCS, answered interrogatories sent to him from the Bureau. Worster indicated in his answers that Zaleski had money in a bank account. It is by this action that Zaleski alleges Worster and DCS "aided, assisted, abetted or counseled the Bureau's violation of Neb.Rev.Stat. §25-1560." See Neb. Rev. Stat. § 25-1561 (Reissue 1995) (aiding and abetting violation of Neb. Rev. Stat. § 25-1560 (Reissue 1995)). Potter, an employee of WFB, answered interrogatories sent to her from the Bureau. In Potter's answers, she informed the Bureau that Zaleski had $875.06 in an account at WFB. Again, it is by this action that Zaleski contends Potter and WFB "aided, assisted, abetted, or counseled the Bureau's violation of §25-1560." See Neb. Rev. Stat. § 25-1563 (Reissue 1995).
Zaleski also contended that the Bureau completed its violation of § 25-1560 by processing the garnishment and transferring $875.06 out of his account at WFB. Zaleski also alleged that the "wrongful actions" of Worster and DCS "along with the actions of the other defendants" set forth in his first cause of action also "state a cause of action under the Nebraska Tort Claims Act."
On December 12, 2000, the Bureau filed a demurrer. On December 14, Worster and DCS filed a demurrer. On January 2, 2001, Potter and WFB filed a demurrer. All defendants alleged in their demurrers that Zaleski failed to state a cause of action from which relief could be granted. Other grounds were alleged by the defendants, but the failure to state a cause of action was the only ground all defendants had in common. Zaleski filed his objections on December 27, 2000. After a hearing on January 5, 2001, the court sustained the defendants' demurrers on January 18. Zaleski was given 30 days to file an amended petition.
On February 26, 2001, Zaleski filed an amended petition. The allegations set forth in the amended petition were substantially similar to those in the initial petition. Zaleski added information in the amended petition regarding a "'release savings account'" which DCS "controls."
On March 7, 2001, Potter and WFB filed a demurrer. On March 12, the Bureau filed a demurrer. On March 16, Worster and DCS filed a demurrer. Again, all defendants alleged that Zaleski failed to state a cause of action from which relief could be granted. Other grounds were alleged by the individual defendants, but failure to state a cause of action was the only ground common to all defendants. On March 20, Zaleski filed his objections. Afte
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