§ 25-1306.Dissolution of lien; deposit; bond; appellate proceedings.
Article 13: Judgments · Last amended 1893 · Last verified July 22, 2026
Full Text of § 25-1306
Source
Laws 1893, c. 42, § 1, p. 383; R.S.1913, § 7999; C.S.1922, § 8940; C.S.1929, § 20-1306; R.S.1943, § 25-1306.
Plain-English Summary
A money judgment usually creates a general lien on the debtor’s property. That lien can complicate an appeal — it ties up property the debtor may want to sell or use as collateral while the appeal is pending. Section 25-1306 gives a debtor pursuing proceedings in error or an appeal a way to lift that lien without paying the judgment outright.
The debtor deposits the full sum of the judgment, interest, and costs with the court that rendered it, where the money sits until the appellate proceedings end. Alongside the deposit, the debtor files a bond in whatever amount the court or judge sets, with sureties the clerk approves, conditioned to pay interest on the judgment debt and costs that accrue if the judgment is affirmed. Once both the payment is made and the bond is filed and approved, the general lien of the judgment dissolves.
This section applies specifically to judgments for the payment of money only. It gives the debtor a way to protect the judgment creditor’s ultimate recovery — the money is on deposit, and the bond covers additional interest and costs — while freeing the debtor’s other property from the lien during the appeal.
Frequently Asked Questions
How can a judgment debtor free up property from a judgment lien while appealing?
By depositing the full amount of the judgment, interest, and costs with the court, and filing a court-approved bond conditioned to pay interest and costs that accrue if the judgment is affirmed. Once both steps are done, the general lien dissolves.
Does this section apply to any type of judgment?
No. It applies to judgments for the payment of money only, where the judgment operates as a general lien on the debtor’s property.
Who sets the amount of the bond required under this section?
The court or the judge determines the bond amount, and the sureties on the bond need the clerk’s approval.
What does the bond guarantee?
It is conditioned to pay interest on the judgment debt and costs that accrue in the event the judgment is affirmed on appeal.
What happens to the deposited money while the appeal is pending?
It stays with the court to abide the outcome of the appellate proceedings; § 25-1307 addresses what happens to it once the appeal is decided.
Does dissolving the lien mean the debtor no longer owes the judgment?
No. It only removes the general lien on the debtor’s property during the appeal; the underlying judgment debt remains and is resolved by the outcome described in § 25-1307.