Chapter 25 — COURTS; CIVIL PROCEDURE
1,295 sections in this chapter.
Neb. Rev. Stat. § 25-1533 Sale upon execution; deed to purchaser; form; estate conveyed.
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The deed shall be sufficient evidence of the legality of such sale and the proceedings therein until the contrary be proved, and shall vest in the purchaser as good and as perfect an estate in the premises therein mentioned as was vested in the party at or after the time when suc…
Neb. Rev. Stat. § 25-1534 Sale of lands and chattels; printer's fees to be advanced; effect of noncompliance.
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The officer who levies upon goods and chattels, or lands and tenements, or who is charged with the duty of selling the same by virtue of any writ or execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit suc…
Neb. Rev. Stat. § 25-1535 Sale of lands and chattels; printer's fees; officer must demand.
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Before any officer shall be excused from giving the notification mentioned in section 25-1534 he shall demand of the party for whose benefit the execution was issued, his agent or attorney, provided either of them resides in the county, the fees in said section specified.
Neb. Rev. Stat. § 25-1536 Sales of lands or tenements; where held; officer disqualified to purchase.
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All sales of lands or tenements under execution shall be held at the courthouse, if there be one in the county in which such lands and tenements are situated, and if there be no courthouse, then at the door of the house in which the district court was last held. No sheriff or oth…
Neb. Rev. Stat. § 25-1537 Lands unsold; additional writs.
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If lands and tenements levied on as aforesaid are not sold upon one execution, other executions may be issued to sell the lands so levied upon.
Neb. Rev. Stat. § 25-1538 Several writs of execution; levy on real property; how made; preference.
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In all cases when two or more executions shall be put into the hands of any sheriff or other officer, and it shall be necessary to levy on real estate to satisfy the same, and either of the judgment creditors in whose favor one or more of said executions is issued shall require t…
Neb. Rev. Stat. § 25-1539 Sale of lands and tenements; deed by sheriff's successor.
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If the term of service of the sheriff, or other officer, who has made or shall hereafter make sale of any lands and tenements, shall expire, or if the sheriff or officer shall be absent, or be rendered unable, by death or otherwise, to make a deed of conveyance of the same, any s…
Neb. Rev. Stat. § 25-1540 Sale on execution; disposition of proceeds.
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If on any sale made as aforesaid, there shall be in the hands of the sheriff or other officer more money than is sufficient to satisfy the writ or writs of execution, with interest and costs, the sheriff or other officer shall, on demand, pay the balance to the defendant in execu…
Neb. Rev. Stat. § 25-1541 Sale of lands or tenements; reversal of judgment; title of purchaser; restitution.
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If any judgment or judgments, in satisfaction of which any lands or tenements are sold, shall at any time thereafter be reversed, such reversal shall not defeat or affect the title of the purchaser or purchasers; but, in such case, restitution shall be made by the judgment credit…
Neb. Rev. Stat. § 25-1542 Judgment lien; when lost.
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No judgment on which execution has not been taken out and levied before the expiration of five years after its entry shall operate as a lien upon the estate of any debtor to the preference of any other bona fide judgment creditor or purchaser, but when judgment has been or may be…
Neb. Rev. Stat. § 25-1543 Writ of execution; when returnable.
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The sheriff or other officer to whom any writ of execution is directed shall return such writ to the court to which the writ is returnable as soon as practicable after the writ has been served.
Neb. Rev. Stat. § 25-1544 Judgment against principal and surety; how entered; how executed.
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In all cases where judgment is rendered in any court of record within this state upon any instrument in writing in which two or more persons are jointly and severally bound, and it shall be made to appear to the court by parol or other testimony that one or more of said persons s…
Neb. Rev. Stat. § 25-1545 Execution; sheriff; amercement; causes; procedure.
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If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed which has come to his hands; or shall neglect or refuse to sell any goods and chattels, lands and tenements; or shall neglect to call an inquest and return a copy thereof fort…
Neb. Rev. Stat. § 25-1546 Clerk of court; amercement; causes; procedure.
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If any clerk of the court shall neglect or refuse, on demand made by the persons entitled thereto, his agent, or attorney of record, to pay over all money by him received, in his official capacity, for the use of such person, every such clerk may be amerced; and the proceedings a…
Neb. Rev. Stat. § 25-1547 Amercement; amount; limit.
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When the cause of amercement is for refusing to pay over money collected as aforesaid, the said sheriff or other officer shall not be amerced in a greater sum than the amount so withheld, with ten percent thereon.
Neb. Rev. Stat. § 25-1548 Execution to another county; return by mail; effect upon liability of officer.
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When execution shall be issued in any county in this state, and directed to the sheriff or coroner of another county, it shall be lawful for such sheriff or coroner having the execution, after having discharged all the duties required of him by law, to enclose such execution by m…
Neb. Rev. Stat. § 25-1549 Amercement; motion; notice; effect of entry; transmission of money.
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No sheriff shall forward by mail any money made on any such execution, unless he shall be specially instructed to do it by the plaintiff, his agent or attorney of record. In all cases of a motion to amerce a sheriff or other officer of any county other than the one from which the…
Neb. Rev. Stat. § 25-1550 Amercement; judgment; liability of sureties; execution.
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Every surety of any sheriff or other officer may be made a party to the judgment rendered as aforesaid, against the sheriff or other officer, by action, to be commenced and prosecuted as in other cases. But the goods and chattels, lands and tenements of any such surety shall not …
Neb. Rev. Stat. § 25-1551 Amercement; execution on original judgment; rights of officer.
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In cases where a sheriff or other officer may be amerced, and shall not have collected the amount of the original judgment, he shall be permitted to sue out an execution, and collect the amount of said judgment in the name of the original plaintiff, for his own use.
Neb. Rev. Stat. § 25-1552 Personal property except wages; debtors; claim of exemption; procedure; adjustment by Department of Revenue.
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(1) Each natural person residing in this state shall have exempt from forced sale on execution the sum of five thousand dollars in personal property, except wages. The provisions of this section do not apply to the exemption of wages, that subject being fully provided for by sect…
Neb. Rev. Stat. § 25-1553 Federal or state earned income tax credit refund; when exempt.
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In bankruptcy and in the collection of a money judgment, the full amount of any federal or state earned income tax credit refund shall be exempt from attachment, garnishment, or other legal or equitable process and from all claims of creditors.
Repealed. Laws 1993, LB 458, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 25-1555 Exemptions; not applicable to tax sales.
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Nothing in this chapter shall be considered as exempting any real or personal property from levy and sale for taxes.
Neb. Rev. Stat. § 25-1556 Specific exemptions; personal property; selection by debtor; adjustment by Department of Revenue.
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(1) No property hereinafter mentioned shall be liable to attachment, execution, or sale on any final process issued from any court in this state, against any person being a resident of this state: (a) The immediate personal possessions of the debtor and his or her family; (b) all…
Neb. Rev. Stat. § 25-1557 Actions in which exemptions limited or not allowed.
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Nothing in this chapter shall be so construed as to exempt any property in this state from execution or attachment for unpaid wages; for money due and owing by an attorney at law for money or other valuable consideration received by such attorney for any person or persons; or for…
Neb. Rev. Stat. § 25-1558 Wages; subject to garnishment; amount; exceptions.
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(1) Except as provided in subsection (2) of this section, the maximum part of the aggregate disposable earnings of an individual for any workweek which is subject to garnishment shall not exceed the lesser of the following amounts: (a) Twenty-five percent of his or her disposable…
Neb. Rev. Stat. § 25-1559 Pensions of disabled soldiers and sailors; property purchased therewith; limit.
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In addition to the exemptions otherwise provided for, there shall also be exempt from levy and sale upon execution or attachment, to every resident of the State of Nebraska, who became disabled in the service of the United States as a soldier, sailor or marine, all pension money …
Neb. Rev. Stat. § 25-1560 Exempt wages; interstate business; attachment or garnishment by method to avoid exemption laws; unlawful.
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It is hereby declared unlawful for any creditor of, or other holder of any evidence of debt, book account, or claim of any name or nature against any laborer, servant, clerk, or other employee, of any corporation, firm or individual in this state engaged in interstate business, f…
Neb. Rev. Stat. § 25-1561 Exempt wages; interstate business; law violation; aiders; abettors.
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It is hereby declared unlawful for any person or persons to aid, assist, abet or counsel a violation of section 25-1560, for any purpose whatever.
Neb. Rev. Stat. § 25-1562 Exempt wages; interstate business; violation of sections; evidence.
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In any proceeding, civil or criminal, growing out of a breach of sections 25-1560 and 25-1561 or either of them, proof of the institution of a suit or service of garnishment summons by any person, firm or individual, in any court of any state, or territory, other than this state,…
Neb. Rev. Stat. § 25-1563 Exempt wages; interstate business; violation; penalty.
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Any persons, firm, company, corporation or business institution guilty of a violation of section 25-1560 or 25-1561, shall be liable to the party injured through such violation thereof for the amount of the debt sold, assigned, transferred, garnished or sued upon with all costs a…
Neb. Rev. Stat. § 25-1563.01 Stock, pension, or similar plan or contract; exempt from certain process; when.
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In bankruptcy and in the collection of a money judgment, the following benefits shall be exempt from attachment, garnishment, or other legal or equitable process and from all claims of creditors: To the extent reasonably necessary for the support of the debtor and any dependent o…
Neb. Rev. Stat. § 25-1563.02 Lump-sum settlement; structured settlement; exempt from certain process; when.
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(1) Except as provided in subsection (2) of this section, all proceeds and benefits, including interest earned thereon, which are paid either in a lump sum or are accruing under any structured settlement providing periodic payments, which lump-sum settlement or periodic payments …
Neb. Rev. Stat. § 25-1564 Property of debtor other than lands and chattels subject to payment of judgment.
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Where a judgment debtor has not personal or real property subject to levy on execution, sufficient to satisfy the judgment, any interest which he may have in any banking, turnpike, bridge, or other joint-stock company, or any interest he may have in any money, contracts, claims o…
Neb. Rev. Stat. § 25-1565 Discovery of property of debtor; order to appear and answer.
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At any time after the entry of judgment against the judgment debtor, or one of several debtors in the same action, the judgment creditor is entitled to an order from the county court or the district court of the county (1) in which the debtor resides, (2) if the debtor does not r…
Neb. Rev. Stat. § 25-1566 Discovery of property of debtor; warrant for arrest; examination; undertaking; punishment for contempt.
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Instead of the order requiring the attendance of the judgment debtor, as provided in section 25-1565, the judge may, upon proof to his satisfaction by affidavit of the party or otherwise, that there is danger of the debtor leaving the state or concealing himself to avoid the exam…
Neb. Rev. Stat. § 25-1567 Discovery of property of debtor; examination; debtor's incriminating answers; not privileged; immunity.
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No person shall, on examination pursuant to sections 25-1564 to 25-1580, be excused from answering any question on the ground that his examination will tend to convict him of a fraud, but his answer shall not be used as evidence against him in a prosecution for such fraud.
Neb. Rev. Stat. § 25-1568 Execution; satisfaction; payment by debtors of judgment debtor.
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After the issuing of execution against property, any person indebted to the judgment debtor may pay to the sheriff the amount of his debt, or so much thereof as may be necessary to satisfy the execution, and the sheriff's receipt shall be a sufficient discharge for the amount so …
Neb. Rev. Stat. § 25-1569 Debtors of judgment debtor; examination; notice.
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After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment deb…
Neb. Rev. Stat. § 25-1570 Discovery of property of debtor; examination; witnesses.
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Witnesses may be required, upon the order of the judge or by a subpoena issued by the clerk of the court, to appear and testify upon any proceedings under sections 25-1564 to 25-1580 in the same manner as upon the trial of an issue.
Neb. Rev. Stat. § 25-1571 Discovery of property of debtor; examination; oath; referee.
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The party or witness may be required to attend before the judge or before a referee appointed by the court or judge. If before a referee, the examination must be taken by the referee and certified by the judge. All examinations and answers before a judge or referee under sections…
Neb. Rev. Stat. § 25-1572 Discovery of property of debtor; disposition by judge.
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The judge may order any property of the judgment debtor, not exempt by law, in the hands of either himself or any other person or corporation, or due to the judgment debtor, to be applied towards the satisfaction of the judgment.
Neb. Rev. Stat. § 25-1573 Discovery of property of debtor; appointment of receiver; transfer of nonexempt property; power of court to prevent.
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The judge may also, by order, appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor, in the same manner and with the like authority as if the appointment were made by the court. The judge may also, by order, forbid a…
Neb. Rev. Stat. § 25-1574 Discovery of property of debtor; receiver; liability of officer and sureties; undertaking; oath.
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If the sheriff shall be appointed receiver, he and his sureties shall be liable on his official bond for the faithful discharge of his duties as such receiver; if any other person shall be appointed receiver, he shall give a written undertaking, in such sum as shall be prescribed…
Neb. Rev. Stat. § 25-1575 Discovery of property of debtor; proceedings; continuance.
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The judge or referee, acting under the provisions of sections 25-1564 to 25-1580, shall have power to continue his proceedings from time to time until they are completed.
Neb. Rev. Stat. § 25-1576 Discovery of property of debtor; reference.
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The judge may in his discretion order a reference to a referee agreed upon or appointed by him, to report the evidence of the facts.
Neb. Rev. Stat. § 25-1577 Discovery of property of debtor; disobedience of order of court; penalty.
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(1) Except as provided in subsection (2) of this section, if any person, party, or witness disobeys an order of the judge or referee, duly served, such person, party, or witness may be punished by the judge as for contempt, and if a party, he or she shall be committed to the jail…
Neb. Rev. Stat. § 25-1578 Discovery of property of debtor; orders to judgment debtors and witnesses; service; filing; record.
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The orders to judgment debtors and witnesses provided for in sections 25-1564 to 25-1580 shall be signed and filed by the judge making the same and shall be served in the same manner as a summons in other cases. The judge shall sign all such orders. Such orders shall be filed wit…
Neb. Rev. Stat. § 25-1579 Discovery of property of debtor; proceedings; fees; taxation as costs.
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The judge shall allow to sheriffs, referees, receivers, and witnesses such compensation as is allowed for like service in other cases, to be taxed as costs in the case, and shall enforce by order the collection thereof from such party or parties as ought to pay the same.
Neb. Rev. Stat. § 25-1580 Discovery of property of debtor; proceedings; county judge; fees.
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The county judge shall be allowed for his or her services, under sections 25-1564 to 25-1580, the sum of five dollars in each case, and such fees as are allowed by law to clerks of the district court for similar services.