§ 25-1307.Dissolution of lien; disposition of deposit.
Article 13: Judgments · Last amended 1893 · Last verified July 22, 2026
Full Text of § 25-1307
Source
Laws 1893, c. 42, § 2, p. 384; R.S.1913, § 8000; C.S.1922, § 8941; C.S.1929, § 20-1307; R.S.1943, § 25-1307.
Plain-English Summary
Section 25-1307 is the short payoff to § 25-1306’s lien-dissolution mechanism. Once a debtor has deposited the full judgment amount and filed an approved bond to free their property from the judgment lien during an appeal, the money does not sit with the court forever — its fate depends entirely on how the appeal comes out.
If the judgment is affirmed, the money on deposit goes to the judgment creditor, satisfying the debt the deposit was meant to secure. If the judgment is reversed, the debtor gets to withdraw the deposit instead, since there is no longer an affirmed judgment for it to satisfy. The two sections work as a pair: § 25-1306 explains how a debtor gets the lien dissolved, and § 25-1307 explains what ultimately happens to the money that made that possible.
Frequently Asked Questions
What happens to money a debtor deposited under § 25-1306 if the appeal is lost?
If the judgment is affirmed, the deposited money is paid to the judgment creditor.
What happens to the deposit if the debtor wins the appeal?
If the judgment is reversed, the debtor may withdraw the deposit.
Does the debtor need to file anything further to get an affirmed judgment paid from the deposit?
Section 25-1307 directs that an affirmed judgment’s deposit be paid to the judgment creditor as a matter of course, tied directly to the outcome of the appellate proceedings.
Is this section useful without also using § 25-1306?
No. Section 25-1307 only addresses the disposition of a deposit made under § 25-1306’s lien-dissolution procedure; it has no independent operation apart from that deposit.
What if the appellate court modifies the judgment instead of affirming or reversing it outright?
Section 25-1307 addresses the two outcomes of affirmance and reversal directly; a modified judgment would need to be evaluated against those two categories based on the nature of the appellate decision.