reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1532 - Sale upon execution; deed to purchaser.

25-1532.
Sale upon execution; deed to purchaser.
The sheriff or other officer who, upon such writ or writs of execution, shall sell lands and tenements, or any part thereof, shall make to the purchaser or purchasers thereof as good and sufficient a deed of conveyance of lands and tenements sold as the person or persons against whom such writ or writs of execution were issued could have made of the same at the time they became liable to the judgment, or at any time thereafter.
Source
R.S.1867, Code § 499, p. 478;
R.S.1913, § 8078;
C.S.1922, § 9014;
C.S.1929, § 20-1532;
R.S.1943, § 25-1532.
Annotations
Sheriff's deed of homestead on judgment against husband alone will not divest debtor of title. Van Doren v. Wiedeman, 68 Neb. 243, 94 N.W. 124 (1903).
Unless decreed otherwise foreclosure transfers to purchaser every right and interest in the property of all parties to action. Hart v. Beardsley, 67 Neb. 145, 93 N.W. 423 (1903).
Where judgment is prematurely entered, error must be brought to attention of court entering it before action can be reviewed on appeal. Ley v. Pilger, 59 Neb. 561, 81 N.W. 507 (1900).
Purchaser at execution sale becomes vested with such title and right as were in the judgment debtor at the time the lien of the judgment attached. Orr v. Broad, 52 Neb. 490, 72 N.W. 850 (1897).
Where no supersedeas bond is filed, sale of property vests title in purchaser which is not affected by reversal of judgment. Green v. Hall, 43 Neb. 275, 61 N.W. 605 (1895).
On execution sale, owner retains title and is entitled to possession, rents and profits until final confirmation. Yeazel v. White, 40 Neb. 432, 58 N.W. 1020 (1894).
Successor to sheriff may make deed. Phillips v. Dawley, 1 Neb. 320 (1871).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1534 - Sale of lands and chattels; printer's fees to be advanced; effect of noncompliance.

25-1534.
Sale of lands and chattels; printer's fees to be advanced; effect of noncompliance.
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 such execution issued, his agent or attorney, shall advance to such officer so much money as will be sufficient to discharge the fees of the printer for publishing such notice.
Source
R.S.1867, Code § 501, p. 479;
R.S.1913, § 8080;
C.S.1922, § 9016;
C.S.1929, § 20-1534;
R.S.1943, § 25-1534.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1535 - Sale of lands and chattels; printer's fees; officer must demand.

25-1535.
Sale of lands and chattels; printer's fees; officer must demand.
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.
Source
R.S.1867, Code § 502, p. 479;
R.S.1913, § 8081;
C.S.1922, § 9017;
C.S.1929, § 20-1535;
R.S.1943, § 25-1535.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1536 - Sales of lands or tenements; where held; officer disqualified to purchase.

25-1536.
Sales of lands or tenements; where held; officer disqualified to purchase.
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 other officer making the sale of property, either personal or real, or any appraiser of such property, shall, either directly or indirectly, purchase the same; and every purchase so made shall be considered fraudulent and void.
Source
R.S.1867, Code § 503, p. 479;
R.S.1913, § 8082;
C.S.1922, § 9018;
C.S.1929, § 20-1536;
R.S.1943, § 25-1536.
Annotations
A judicial sale advertised for the front door of the courthouse may be held at the front of the steps on the first floor inside the courthouse. Hollstein v. Adams, 187 Neb. 781, 194 N.W.2d 216 (1972).
Sale advertised to be held at the south door of a courthouse is sufficient. Peck v. Starks, 64 Neb. 341, 89 N.W. 1040 (1902).
Sale of lands under mortgage foreclosure decree must take place at courthouse. Smith Bros. Loan & Trust Co. v. Weiss, 56 Neb. 210, 76 N.W. 564 (1898).
Sale made to one of appraisers was void. Best v. Zutavern, 53 Neb. 604, 74 N.W. 64 (1898).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1537 - Lands unsold; additional writs.

25-1537.
Lands unsold; additional writs.
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.
Source
R.S.1867, Code § 504, p. 479;
R.S.1913, § 8083;
C.S.1922, § 9019;
C.S.1929, § 20-1537;
R.S.1943, § 25-1537.
Annotations
Legislature has made writ of venditioni exponas applicable to sales of real estate. Burkett v. Clark, 46 Neb. 466, 64 N.W. 1113 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1538 - Several writs of execution; levy on real property; how made; preference.

25-1538.
Several writs of execution; levy on real property; how made; preference.
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 the sheriff, or other officer, to make a separate levy to satisfy his execution or executions, it shall be the duty of the sheriff, or other officer, to levy said execution, or so many thereof as may be required, on separate parcels of real property of the judgment debtor or debtors, giving to the officer making the levy on behalf of the creditor whose execution may, by the provisions of this chapter, be entitled to a preference, the choice of such part of the real property of the judgment debtor or debtors, as will be sufficient to satisfy the same. In all cases where two or more executions, which are entitled to no preference over each other, are put into the hands of the same officer, it shall be the duty of the officer, when required, to levy the same on separate parcels of real property of the judgment debtor or debtors, when the same may be divided without material injury; and if the real property of said debtors will not be sufficient to satisfy all the executions chargeable thereon, such part of the same shall be levied on to satisfy each execution as will bear the same proportion in value to the whole as the amount due on the execution bears to the amount of all the executions chargeable thereon.
Source
R.S.1867, Code § 505, p. 479;
R.S.1913, § 8084;
C.S.1922, § 9020;
C.S.1929, § 20-1538;
R.S.1943, § 25-1538.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1539 - Sale of lands and tenements; deed by sheriff's successor.

25-1539.
Sale of lands and tenements; deed by sheriff's successor.
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 succeeding sheriff or other officer, on receiving a certificate from the court from which the execution issued for the sale of said lands and tenements, signed by the clerk, by order of said court, setting forth that sufficient proof has been made to the court that such sale was fairly and legally made, and on tender of the purchase money, or if the same or any part thereof be paid, then, on proof of such payment and tender of the balance, if any, may execute to the said purchaser or purchasers, or his or their legal representative, a deed of conveyance of said lands and tenements so sold. Such deed shall be as good and valid in law and have the same effect as if the sheriff or other officer who made the sale had executed the same.
Source
R.S.1867, Code § 506, p. 480;
R.S.1913, § 8085;
C.S.1922, § 9021;
C.S.1929, § 20-1539;
R.S.1943, § 25-1539.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1540 - Sale on execution; disposition of proceeds.

25-1540.
Sale on execution; disposition of proceeds.
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 execution, or his legal representatives.
Source
R.S.1867, Code § 507, p. 480;
R.S.1913, § 8086;
C.S.1922, § 9022;
C.S.1929, § 20-1540;
R.S.1943, § 25-1540.
Annotations
Sheriff is custodian of funds from date of sale until confirmation. Craw v. Abrams, 68 Neb. 546, 94 N.W. 639 (1903), affirmed on rehearing 68 Neb. 553, 97 N.W. 296 (1903).
It is duty of sheriff to pay proceeds directly to party entitled thereto unless court orders same paid into court. Fire Assn. of Philadelphia v. Ruby, 49 Neb. 584, 68 N.W. 939 (1896); Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1541 - Sale of lands or tenements; reversal of judgment; title of purchaser; restitution.

25-1541.
Sale of lands or tenements; reversal of judgment; title of purchaser; restitution.
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 creditor, of the money for which such lands or tenements were sold, with lawful interest from the day of sale.
Source
R.S.1867, Code § 508, p. 480;
R.S.1913, § 8087;
C.S.1922, § 9023;
C.S.1929, § 20-1541;
R.S.1943, § 25-1541.
Annotations
1. Reversal of judgment
2. Bona fide purchaser
1. Reversal of judgment
There is no sale as contemplated by the statute until order of confirmation is entered and time for superseding the order has elapsed and, where defendant appeals from order confirming sale, said order being superseded, and judgment is reversed, an order may be entered quashing the levy and vacating the sale. Baxter v. National Mortgage Loan Co., 130 Neb. 256, 264 N.W. 675 (1936).
Payment of judgment made by defendant to avoid sale of his property on execution does not waive his right to appeal. Burke v. Dendinger, 120 Neb. 594, 234 N.W. 405 (1931).
Upon reversal of judgment which has been executed, it is duty of court to compel restitution. Hier v. Anheuser-Busch Brewing Assn., 60 Neb. 320, 83 N.W. 77 (1900).
Title of stranger through sale under judgment is not defeated by subsequent reversal of judgment. Manfull v. Graham, 55 Neb. 645, 76 N.W. 19 (1898).
Where judgment creditor purchases at execution sale on judgment which is subsequently reversed, it is his duty to make restitution. Nelson v. City of Beatrice, 2 Neb. Unof. 47, 96 N.W. 288 (1901).
2. Bona fide purchaser
Bona fide purchaser under decree of partition, no fraud being shown, is protected hereunder although judgment is thereafter reversed. Schleuning v. Tatro, 122 Neb. 3, 238 N.W. 741 (1931).
Only good faith purchaser is protected. Pauley v. Knouse, 109 Neb. 716, 192 N.W. 195 (1923).
Purchaser defined; one who made bona fide contract to purchase land sold under erroneous judgment is protected to extent of money paid, with interest. Coon v. O'Brien, 107 Neb. 427, 186 N.W. 340 (1922).
One who purchases knowing that proceedings are fraudulent, and that he is assisting in the fraud, does not get good title. Coates v. O'Connor, 102 Neb. 602, 168 N.W. 102 (1918), rehearing denied 102 Neb. 606, 169 N.W. 239 (1918).
Bona fide purchaser under judicial decree is protected by this section, though judgment is thereafter reversed. Kazebeer v. Nunemaker, 82 Neb. 732, 118 N.W. 646 (1908).
Purchaser should recover from redemptioner purchase money paid. Hitchcock County v. Cole, 80 Neb. 375, 114 N.W. 276 (1907).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1542 - Judgment lien; when lost.

25-1542.
Judgment lien; when lost.
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 rendered in the Court of Appeals or Supreme Court and any special mandate awarded to the district court to carry the same into execution, the lien of the judgment creditor shall continue for five years after the first day of the next term of the district court to which such mandate may be directed. Nothing in this section shall be construed to defeat the lien of any judgment creditor who fails to take out execution and cause a levy to be made as provided in this section when such failure is occasioned by appeal, proceedings in error, or injunction or by a vacancy in the office of sheriff and coroner or the inability of such officers until one year after such disability is removed.
Source
R.S.1867, Code § 509, p. 480;
Laws 1901, c. 81, § 1, p. 474;
R.S.1913, § 8088;
C.S.1922, § 9024;
C.S.1929, § 20-1542;
R.S.1943, § 25-1542;
Laws 1991, LB 732, § 50;
Laws 2000, LB 921, § 13.
Annotations
To preserve priority of judgment lien against bona fide creditor or purchaser, actual levy of execution must be made. Hein v. W. T. Rawleigh Co., 167 Neb. 176, 92 N.W.2d 185 (1958).
Lien of foreclosure decree is not lost by failure to have order of sale issued within five years. Jenkins Land & Live Stock Co. v. Kimsey, 99 Neb. 308, 156 N.W. 499 (1916).
Priority of a judgment lien may be continued as against other bona fide judgment creditors and purchasers only by the issuance of an execution and an actual levy within the time limited by statute. Glenn v. Glenn, 79 Neb. 68, 112 N.W. 321 (1907).
An appeal by judgment defendant does not in absence of a supersedeas, operate to prolong lien of judgment. Harvey v. Godding, 77 Neb. 289, 109 N.W. 220 (1906).
Lien of judgment created by mandate of Supreme Court continues for five years. Medland v. Van Etten, 75 Neb. 794, 106 N.W. 1022 (1906).
Right of judgment creditor to execution is a substantial one and can only be taken away by some act done in compliance with law. Halmes v. Dovey, 64 Neb. 122, 89 N.W. 631 (1902).
Execution levied but returned unsatisfied before sale by order of plaintiff prevents judgment from becoming dormant. Godman v. Boggs, 12 Neb. 13, 10 N.W. 403 (1881).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1543 - Writ of execution; when returnable.

25-1543.
Writ of execution; when returnable.
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.
Source
R.S.1867, Code § 510, p. 480;
R.S.1913, § 8089;
C.S.1922, § 9025;
C.S.1929, § 20-1543;
R.S.1943, § 25-1543;
Laws 1993, LB 458, § 11.
Annotations
Failure to return order of sale within sixty days will not defeat confirmation. Philadelphia Mortgage & Trust Co. v. Buckstaff Bros. Mfg. Co., 61 Neb. 54, 84 N.W. 416 (1900).
Section is not applicable to orders of sale. Jarrett v. Hoover, 54 Neb. 65, 74 N.W. 429 (1898).
This provision is mandatory. Buckley v. Mason, 52 Neb. 639, 72 N.W. 1043 (1897).
Officer must return execution stating what he has done under it. Burkett v. Clark, 46 Neb. 466, 64 N.W. 1113 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1545 - Execution; sheriff; amercement; causes; procedure.

25-1545.
Execution; sheriff; amercement; causes; procedure.
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 forthwith to the clerk's office; or shall neglect to return any writ of execution to the proper court, on or before the return day thereof; or shall neglect to return a just and perfect inventory of all and singular the goods and chattels by him taken in execution, unless the said sheriff or other officer shall return that he has levied and made the amount of the debt, damages and costs; or shall refuse or neglect on demand to pay over to the plaintiff, his agent or attorney of record, all money by him collected or received, for the use of said party, at any time after collecting or receiving the same, except as provided in section 25-1531; or shall neglect or refuse on demand made by the defendant, his agent or attorney of record, to pay over all money by him received for any sale made, beyond what is sufficient to satisfy the writ or writs of execution, with interest and legal costs, such sheriff or officer shall, on motion in court and two days' notice thereof in writing, be amerced in the amount of said debt, damages and costs, with ten percent thereon, to and for the use of said plaintiff or defendant, as the case may be.
Source
R.S.1867, Code § 513, p. 482;
R.S.1913, § 8092;
C.S.1922, § 9028;
C.S.1929, § 20-1546;
R.S.1943, § 25-1545.
Annotations
Inquiry is permitted whether the debt could have been collected, and whether its collection has been prejudiced by the acts of the officer. Ehlers v. Gallagher, 147 Neb. 97, 22 N.W.2d 396 (1946).
Judgment of amercement against sheriff, without notice, is void. Fire Assn. of Philadelphia v. Ruby, 58 Neb. 730, 79 N.W. 723 (1899).
Court may permit sheriff to amend return to conform to facts upon proper showing. Phoenix Ins. Co. v. King, 52 Neb. 562, 72 N.W. 855 (1897); Shufeldt & Co. v. Barlass, 33 Neb. 785, 51 N.W. 134 (1892).
Sheriff disburses money received on execution, and is not required to pay it into court. Luce v. Foster, 42 Neb. 818, 60 N.W. 1027 (1894).
Sureties on sheriffs' bond are liable in an action upon judgment of amercement. McNee v. Sewell, 14 Neb. 532, 16 N.W. 827 (1883).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1546 - Clerk of court; amercement; causes; procedure.

25-1546.
Clerk of court; amercement; causes; procedure.
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 against him and his sureties shall be the same as provided for in section 25-1545 against sheriffs and their sureties.
Source
R.S.1867, Code § 514, p. 482;
R.S.1913, § 8093;
C.S.1922, § 9029;
C.S.1929, § 20-1547;
R.S.1943, § 25-1546.
Annotations
Receipt of money by clerk is an official act. Moore v. Boyer, 52 Neb. 446, 72 N.W. 586 (1897); McDonald v. Atkins, 13 Neb. 568, 14 N.W. 532 (1882).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1547 - Amercement; amount; limit.

25-1547.
Amercement; amount; limit.
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.
Source
R.S.1867, Code § 515, p. 482;
R.S.1913, § 8094;
C.S.1922, § 9030;
C.S.1929, § 20-1548;
R.S.1943, § 25-1547.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1548 - Execution to another county; return by mail; effect upon liability of officer.

25-1548.
Execution to another county; return by mail; effect upon liability of officer.
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 mail to the clerk of the court who issued the same. On proof being made by such sheriff or coroner that the execution was mailed soon enough to have reached the office where it was issued within the time prescribed by law, the sheriff or coroner shall not be liable for any amercement or penalty if it does not reach the office in due time.
Source
R.S.1867, Code § 516, p. 483;
R.S.1913, § 8095;
C.S.1922, § 9031;
C.S.1929, § 20-1549;
R.S.1943, § 25-1548.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1549 - Amercement; motion; notice; effect of entry; transmission of money.

25-1549.
Amercement; motion; notice; effect of entry; transmission of money.
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 execution issued, notice in writing shall be given to such officer, as hereinbefore required, by leaving it with him, or at his office, at least fifteen days before the first day of the term at which such motion shall be made, or by transmitting the notice by mail at least sixty days prior to the first day of the term at which such motion shall be made. All amercements, so procured, shall be entered on the record of the court, and shall have the same force and effect as a judgment.
Source
R.S.1867, Code § 517, p. 483;
R.S.1913, § 8096;
C.S.1922, § 9032;
C.S.1929, § 20-1550;
R.S.1943, § 25-1549.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1550 - Amercement; judgment; liability of sureties; execution.

25-1550.
Amercement; judgment; liability of sureties; execution.
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 be liable to be taken on execution, when sufficient goods and chattels, lands and tenements of the sheriff or other officer, against whom execution may be issued, can be found to satisfy the same. Nothing herein contained shall prevent either party from proceeding against such sheriff or other officer by attachment, at his election.
Source
R.S.1867, Code § 518, p. 483;
R.S.1913, § 8097;
C.S.1922, § 9033;
C.S.1929, § 20-1551;
R.S.1943, § 25-1550.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1551 - Amercement; execution on original judgment; rights of officer.

25-1551.
Amercement; execution on original judgment; rights of officer.
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.
Source
R.S.1867, Code § 519, p. 483;
R.S.1913, § 8098;
C.S.1922, § 9034;
C.S.1929, § 20-1552;
R.S.1943, § 25-1551.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1553 - Federal or state earned income tax credit refund; when exempt.

25-1553.
Federal or state earned income tax credit refund; when exempt.
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.
Source
Laws 2004, LB 1207, § 6.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1555 - Exemptions; not applicable to tax sales.

25-1555.
Exemptions; not applicable to tax sales.
Nothing in this chapter shall be considered as exempting any real or personal property from levy and sale for taxes.
Source
R.S.1867, Code § 524, p. 484;
R.S.1913, § 8102;
C.S.1922, § 9038;
C.S.1929, § 20-1556;
R.S.1943, § 25-1555.
Annotations
This section applies only to property of private persons or corporations, and not to that of the state or its governmental subdivisions. Madison County v. School Dist. No. 2 of Madison County, 148 Neb. 218, 27 N.W.2d 172 (1947).
There is no exemption of any class or kind of personalty from distress or seizure for taxes except as specifically provided for by statute. Ryder v. Livingston, 145 Neb. 862, 18 N.W.2d 507 (1945).
United States is not entitled to object to exemption allowed bankrupt on ground that state taxes were not paid. United States v. Bernstein, 16 F.2d 233 (8th Cir. 1926).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1557 - Actions in which exemptions limited or not allowed.

25-1557.
Actions in which exemptions limited or not allowed.
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 enforcement of an award of or judgment for child support, alimony, or maintenance or a judgment for property division awarded to a former spouse.
Source
R.S.1867, Code § 531, p. 486;
Laws 1869, § 1, p. 66;
Laws 1887, c. 95, § 1, p. 649;
R.S.1913, § 8104;
C.S.1922, § 9040;
C.S.1929, § 20-1558;
R.S.1943, § 25-1557;
Laws 1977, LB 60, § 3;
Laws 1997, LB 372, § 3.
Annotations
Judgment need not disclose nature of claim. Shreck v. Gilbert, 52 Neb. 813, 73 N.W. 276 (1897).
This section is not applicable to property exempt by homestead laws. Money due independent contractor is not "wages." Fox v. McClay, 48 Neb. 820, 67 N.W. 888 (1896).
Money due contractor furnishing his own and other labor is not exempt as wages. Henderson v. Nott, 36 Neb. 154, 54 N.W. 87 (1893).
"Necessaries of life" do not include goods furnished boarding house. Lehnoff v. Fisher, 32 Neb. 107, 48 N.W. 821 (1891).
Laborers' wages were exempt. Snyder v. Brune, 22 Neb. 189, 34 N.W. 364 (1887).
Proviso in this section does not limit value of specific property exemption under preceding section. Clay Center Bank v. McKelvie, 19 F.2d 308 (8th Cir. 1927).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1559 - Pensions of disabled soldiers and sailors; property purchased therewith; limit.

25-1559.
Pensions of disabled soldiers and sailors; property purchased therewith; limit.
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 hereafter received and all property hereafter purchased and improved exclusively therewith, not exceeding two thousand dollars in value, of and belonging to such soldier, sailor or marine.
Source
Laws 1887, c. 101, § 1, p. 656;
R.S.1913, § 8106;
C.S.1922, § 9042;
C.S.1929, § 20-1560;
R.S.1943, § 25-1559.
Annotations
Pension money is exempt, and exemption covers property bought therewith, exchanged, and increase up to two thousand dollars. Dargan v. Williams, 66 Neb. 1, 91 N.W. 862 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1560 - Exempt wages; interstate business; attachment or garnishment by method to avoid exemption laws; unlawful.

25-1560.
Exempt wages; interstate business; attachment or garnishment by method to avoid exemption laws; unlawful.
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, for the purpose below stated, to sell, assign, transfer, or by any means dispose of any such claim, book account, bill, or debt of any name or nature whatever, to any person or persons, firm, corporation or institution, or to institute, in this state or elsewhere, or prosecute any suit or action for any such claim or debt against any such laborer, servant, clerk or employee by any process seeking to seize, attach, or garnish the wages of such person or persons earned within sixty days prior to the commencement of such proceeding, for the purpose of avoiding the effect of the laws of the State of Nebraska concerning exemptions.
Source
Laws 1889, c. 25, § 1, p. 369;
R.S.1913, § 8107;
C.S.1922, § 9043;
C.S.1929, § 20-1561;
R.S.1943, § 25-1560.
Annotations
Nonresident cannot claim benefits of this and following sections. McCormack v. Tincher, 77 Neb. 857, 110 N.W. 547 (1906).
Act, of which this section was part, is constitutional. Gordon Bros. v. Wageman, 77 Neb. 185, 108 N.W. 1067 (1906).
Foreign corporations are subject to operation of act; exemption laws where wages earned apply. Singer Mfg. Co. v. Fleming, 39 Neb. 679, 58 N.W. 226 (1894).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1561 - Exempt wages; interstate business; law violation; aiders; abettors.

25-1561.
Exempt wages; interstate business; law violation; aiders; abettors.
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.
Source
Laws 1889, c. 25, § 2, p. 370;
R.S.1913, § 8108;
C.S.1922, § 9044;
C.S.1929, § 20-1562;
R.S.1943, § 25-1561.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1562 - Exempt wages; interstate business; violation of sections; evidence.

25-1562.
Exempt wages; interstate business; violation of sections; evidence.
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, or in this state to seize by process of garnishment or otherwise, any of the wages of such persons as defined in section 25-1560 shall be deemed prima facie evidence of an evasion of the laws of the State of Nebraska and a breach of the provisions of such sections on the part of the creditor or resident in Nebraska causing the same to be done.
Source
Laws 1889, c. 25, § 3, p. 370;
R.S.1913, § 8109;
C.S.1922, § 9045;
C.S.1929, § 20-1563;
R.S.1943, § 25-1562.
Annotations
Principal is not liable for unauthorized suit by agent. Satterlee v. First Nat. Bank of Columbus, 78 Neb. 691, 111 N.W. 591 (1907).
Suit by assignee is prima facie evidence in action against assignor; rebuttal. Gordon Bros. v. Wageman, 77 Neb. 185, 108 N.W. 1067 (1906).
Good faith of assignor is question for jury. Karnes v. Dovey, 53 Neb. 725, 74 N.W. 311 (1898).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1563 - Exempt wages; interstate business; violation; penalty.

25-1563.
Exempt wages; interstate business; violation; penalty.
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 and expenses and reasonable attorney's fee, to be recovered in any court of competent jurisdiction in this state, and shall further be guilty of a Class IV misdemeanor.
Source
Laws 1889, c. 25, § 4, p. 370;
R.S.1913, § 8110;
C.S.1922, § 9046;
C.S.1929, § 20-1564;
R.S.1943, § 25-1563;
Laws 1977, LB 40, § 100.
Annotations
Debtor, to claim benefit of act, must have residence in this state. Corliss v. Plano Mfg. Co., 80 Neb. 366, 114 N.W. 413 (1907).
Petition was sufficient to state cause of action under this section. Gordon Bros. v. Wageman, 77 Neb. 185, 108 N.W. 1067 (1906).
Section is constitutional; must allege plaintiff is head of family and wages are exempt. State ex rel. Green v. Power, 63 Neb. 496, 88 N.W. 769 (1902).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1563.01 - Stock, pension, or similar plan or contract; exempt from certain process; when.

25-1563.01.
Stock, pension, or similar plan or contract; exempt from certain process; when.
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 of the debtor, an interest held under a stock bonus, pension, profit-sharing, or similar plan or contract payable on account of illness, disability, death, age, or length of service unless:
(1) Within two years prior to bankruptcy or to entry against the individual of a money judgment which thereafter becomes final, such plan or contract was established or was amended to increase contributions by or under the auspices of the individual or of an insider that employed the individual at the time the individual's rights under such plan or contract arose; or
(2) Such plan or contract does not qualify under section 401(a), 403(a), 403(b), 408, or 408A of the Internal Revenue Code.
For purposes of this section, unless the context otherwise requires, insider shall have the meaning provided in 11 U.S.C. 101.
Source
Laws 1987, LB 335, § 4;
Laws 1995, LB 574, § 38;
Laws 1999, LB 23, § 1.
Annotations
Individual Retirement Accounts are generally protected from attachment and garnishment to the extent the funds contained therein are reasonably necessary for the support of the debtor or any dependent of the debtor. Novak v. Novak, 245 Neb. 366, 513 N.W.2d 303 (1994).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1563.02 - Lump-sum settlement; structured settlement; exempt from certain process; when.

25-1563.02.
Lump-sum settlement; structured settlement; exempt from certain process; when.
(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 are made as compensation for personal injuries or death, shall be exempt from attachment, garnishment, or other legal or equitable process and from all claims of creditors of the beneficiary or the beneficiary's surviving dependents unless a written assignment to the contrary has been obtained by the claimant.
(2) All proceeds and benefits, including interest earned thereon, which are paid for personal injuries may be garnished by a county attorney or authorized attorney pursuant to section 43-512.03 or garnished for child support as defined in section 43-1705 by an obligee as defined in section 43-1713.
Source
Laws 1987, LB 335, § 5;
Laws 1993, LB 118, § 1;
Laws 1994, LB 1224, § 37.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1564 - Property of debtor other than lands and chattels subject to payment of judgment.

25-1564.
Property of debtor other than lands and chattels subject to payment of judgment.
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 or choses in action, due or to become due to him, or in any judgment or decree, or any money, goods or effects which he may have in possession of any person, body politic or corporate, shall be subject to the payment of such judgment by proceedings in equity, or as in this chapter prescribed.
Source
R.S.1867, Code § 532, p. 486;
R.S.1913, § 8111;
C.S.1922, § 9047;
C.S.1929, § 20-1565;
R.S.1943, § 25-1564.
Annotations
1. Scope
2. Proceeding
1. Scope
This section authorizes a creditor's bill in Nebraska. Doksansky v. Norwest Bank Neb., N.A., 260 Neb. 100, 615 N.W.2d 104 (2000).
This and succeeding sections provide remedy where discovery of property of judgment debtor is sought through evidence from others than a garnishee. Orchard & Wilhelm Co. v. North, 125 Neb. 723, 251 N.W. 895 (1933).
Where creditor has exhausted legal remedies he may proceed in equity to reach interest of debtor in corporation. Fuchs v. Chambers, 89 Neb. 538, 131 N.W. 975 (1911).
This section does not supersede remedy in equity. First Nat. Bank of Plattsmouth v. Gibson, 69 Neb. 21, 94 N.W. 965 (1903).
This section takes place of bill of discovery. Clarke v. Nebraska Nat. Bank, 49 Neb. 800, 69 N.W. 104 (1896).
2. Proceeding
Any interest a judgment debtor may have in any money or choses in action due, or to become due, is subject to the payment of the judgment against him. Emerson-Brantingham Implement Co. v. Hallgren, 146 Neb. 530, 20 N.W.2d 501 (1945).
In proceedings in aid of execution, the judgment creditor proceeds directly against the debtor, citing him into court for an examination of his assets. Live Stock Nat. Bank v. Jackson, 137 Neb. 161, 288 N.W. 515 (1939).
Creditors suit is proper to impress a lien upon distributive share of judgment debtor in decedent's estate in process of administration. Fremont Farmers Union Coop. Assn. v. Markussen, 136 Neb. 567, 286 N.W. 784 (1939).
Proceedings in aid of execution afford ample remedy to judgment creditor where debtor makes false affidavit and procures release, as exempt, of property taken in execution; replevin is not proper remedy. France v. Larkin, 96 Neb. 365, 148 N.W. 86 (1914).
Creditor must have had actionable demand against his debtor when suit commenced. German Nat. Bank of Hastings v. First Nat. Bank of Hastings, 59 Neb. 7, 80 N.W. 48 (1899).
Equity court has power to subject to judgment property not reached by legal execution. Arlington State Bank v. Paulsen, 57 Neb. 717, 78 N.W. 303 (1899).
Creditor's bill is still available; not entitled to jury trial therein. Monroe v. Reid, Murdock & Co., 46 Neb. 316, 64 N.W. 983 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1565 - Discovery of property of debtor; order to appear and answer.

25-1565.
Discovery of property of debtor; order to appear and answer.
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 reside in the state, where judgment was rendered, or (3) in which a transcript of judgment has been filed, requiring the debtor to appear and answer concerning his or her property before the judge of such court or a referee appointed by the judge of such court at a time and place specified in the order within the county to which the order was issued.
Source
R.S.1867, Code § 533, p. 487;
R.S.1913, § 8112;
C.S.1922, § 9048;
C.S.1929, § 20-1566;
R.S.1943, § 25-1565;
Laws 1972, LB 1032, § 134;
Laws 1992, LB 1059, § 11;
Laws 2004, LB 1207, § 7.
Annotations
Provisions of the code pertaining to compulsory discovery do not relate to the subject of pleading. Marshall v. Rowe, 126 Neb. 817, 254 N.W. 480 (1934).
Making of order is authorized only after return of execution unsatisfied. Clarke v. Nebraska Nat. Bank, 57 Neb. 314, 77 N.W. 805 (1899).
Proceedings in aid of execution were designed to take the place of bill of discovery. Clarke v. Nebraska Nat. Bank, 49 Neb. 800, 69 N.W. 104 (1896).
Execution must issue to lay foundation for contempt proceedings. Hawthorne v. State, 45 Neb. 871, 64 N.W. 359 (1895).
Affidavit is unnecessary to obtain order; it is sufficient if execution is returned unsatisfied. English v. Smith, 1 Neb. Unof. 670, 96 N.W. 60 (1901).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1566 - Discovery of property of debtor; warrant for arrest; examination; undertaking; punishment for contempt.

25-1566.
Discovery of property of debtor; warrant for arrest; examination; undertaking; punishment for contempt.
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 examination herein mentioned, issue a warrant, requiring the sheriff to arrest him and bring him before such judge within the county in which the debtor may be arrested. Such warrant can be issued only by a county judge or a judge of the district court of the county in which such debtor resides or may be arrested. Upon being brought before the judge, he shall be examined on oath, and other witnesses may be examined on either side, and if on such examination it appears that there is danger of the debtor leaving the state, and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking, in such sum as the judge may prescribe, with one or more sureties, that he will from time to time attend for examination before the judge or referee as shall be directed. In default of entering into such undertaking, he may be committed to the jail of the county by warrant of the judge, as for a contempt.
Source
R.S.1867, Code § 535, p. 487;
R.S.1913, § 8114;
C.S.1922, § 9050;
C.S.1929, § 20-1568;
R.S.1943, § 25-1566.
Annotations
Intention to leave state alone is insufficient; but danger that citation will not be obeyed, is ground. Bank of Miller v. Richmon, 68 Neb. 731, 94 N.W. 998 (1903).
Affidavit upon information and belief is insufficient. Clarke v. Nebraska Nat. Bank, 57 Neb. 314, 77 N.W. 805 (1899).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1567 - Discovery of property of debtor; examination; debtor's incriminating answers; not privileged; immunity.

25-1567.
Discovery of property of debtor; examination; debtor's incriminating answers; not privileged; immunity.
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.
Source
R.S.1867, Code § 536, p. 488;
R.S.1913, § 8115;
C.S.1922, § 9051;
C.S.1929, § 20-1569;
R.S.1943, § 25-1567.
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1568 - Execution; satisfaction; payment by debtors of judgment debtor.

25-1568.
Execution; satisfaction; payment by debtors of judgment debtor.
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 paid or directed to be credited by the judgment creditor on the execution.
Source
R.S.1867, Code § 537, p. 488;
R.S.1913, § 8116;
C.S.1922, § 9052;
C.S.1929, § 20-1570;
R.S.1943, § 25-1568.
Annotations
This section relates to examination of the judgment debtor's debtor. Clarke v. Nebraska Nat. Bank, 57 Neb. 314, 77 N.W. 805 (1899).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1569 - Debtors of judgment debtor; examination; notice.

25-1569.
Debtors of judgment debtor; examination; notice.
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 debtor, or is indebted to him, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, within the county in which such person or corporation may be served with the order to answer, and answer concerning the same. The judge may also, in his discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem to him proper.
Source
R.S.1867, Code § 538, p. 488;
R.S.1913, § 8117;
C.S.1922, § 9053;
C.S.1929, § 20-1571;
R.S.1943, § 25-1569.
Annotations
Notice is to be given in the manner which the court deems proper. Emerson-Brantingham Implement Co. v. Hallgren, 146 Neb. 530, 20 N.W.2d 501 (1945).
This section applies to garnishment proceedings after judgment and return of execution nulla bona. Mercer v. Armstrong, 98 Neb. 645, 154 N.W. 219 (1915).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1570 - Discovery of property of debtor; examination; witnesses.

25-1570.
Discovery of property of debtor; examination; witnesses.
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.
Source
R.S.1867, Code § 539, p. 488;
R.S.1913, § 8118;
C.S.1922, § 9054;
C.S.1929, § 20-1572;
R.S.1943, § 25-1570;
Laws 1992, LB 1059, § 12.
Annotations
Witnesses may be required to appear and testify in the same manner as upon the trial of an issue. Orchard & Wilhelm Co. v. North, 125 Neb. 723, 251 N.W. 895 (1933).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1571 - Discovery of property of debtor; examination; oath; referee.

25-1571.
Discovery of property of debtor; examination; oath; referee.
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 25-1564 to 25-1580 must be on oath, but when a corporation answers, the answer must be on the oath of an officer thereof.
Source
R.S.1867, Code § 540, p. 488;
R.S.1913, § 8119;
C.S.1922, § 9055;
C.S.1929, § 20-1573;
R.S.1943, § 25-1571.
Annotations
It is the duty of the district court, in a proceeding in aid of execution, when it is disclosed by the administrator of an estate that a judgment debtor has an interest in a distributive share of such estate, to impress a lien upon such share. Emerson-Brantingham Implement Co. v. Hallgren, 146 Neb. 530, 20 N.W.2d 501 (1945).
Judgment debtor may be a witness. Orchard & Wilhelm Co. v. North, 125 Neb. 723, 251 N.W. 895 (1933).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1572 - Discovery of property of debtor; disposition by judge.

25-1572.
Discovery of property of debtor; disposition by judge.
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.
Source
R.S.1867, Code § 541, p. 489;
R.S.1913, § 8120;
C.S.1922, § 9056;
C.S.1929, § 20-1574;
R.S.1943, § 25-1572.
Annotations
This section was not amended by act exempting ninety per cent of wages, and applies to proceedings against debtor in aid of execution. Live Stock Nat. Bank v. Jackson, 137 Neb. 161, 288 N.W. 515 (1939).
Order may be enforced by the ordinary legal methods of procedure. In re Havlik, 45 Neb. 747, 64 N.W. 234 (1895).
2023 Nebraska Revised Statutes › Chapter 25 - Courts; Civil Procedure › 25-1573 - Discovery of property of debtor; appointment of receiver; transfer of nonexempt property; power of court to prevent.

25-1573.
Discovery of property of debtor; appointment of receiver; transfer of nonexempt property; power of court to prevent.
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 transfer or other disposition of the property of the judgment debtor, not exempt by law, and any interference therewith.
Source
R.S.1867, Code § 542, p. 489;
R.S.1913, § 8121;
C.S.1922, § 9057;
C.S.1929, § 20-1575;
R.S.1943, § 25-1573.