Executions are of two kinds: (1) Against the property of the judgment debtor, and (2) for delivery of the possession of real property with damages for withholding the same and costs.
§ 25-1502.Kinds of executions.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section sorts executions into two categories: those directed against a judgment debtor’s property to collect money owed, and those aimed at delivering possession of real property, along with damages for wrongfully withholding it and costs.
Full Text of § 25-1502
Source
R.S.1867, Code § 475, p. 472; R.S.1913, § 8043; C.S.1922, § 8984; C.S.1929, § 20-1502; R.S.1943, § 25-1502.
Plain-English Summary
Section 25-1502 draws a basic line between two different jobs an execution can do. The first kind targets the debtor’s property generally — land, goods, or chattels — to satisfy a money judgment. The second kind serves a narrower purpose: putting a successful plaintiff back into physical possession of real property, along with recovering damages for the time the property was wrongfully withheld and the costs of the action.
The distinction matters because the two kinds of execution accomplish different things. A money-judgment execution is about turning the debtor’s assets into cash to pay a debt. A possession execution is about restoring occupancy of specific real estate to the party the court found entitled to it — the kind of relief that follows an ejectment or similar action over land.
Frequently Asked Questions
What are the two kinds of executions under Nebraska law?
One is against the property of the judgment debtor, used to collect a money judgment. The other delivers possession of real property, with damages for withholding it and costs.
Which kind of execution collects a money judgment?
The execution against the property of the judgment debtor. That is the writ that leads to levy and sale of goods, chattels, or land to satisfy the debt.
When would someone use the possession-of-real-property execution?
When a judgment awards a party the right to occupy specific real estate and that party still needs the sheriff’s help to recover possession, along with damages and costs.
Can a single case involve both kinds of execution?
The section describes them as two distinct kinds tied to different types of relief, so which one applies depends on what the underlying judgment awarded.
Does this section explain how either kind of execution is carried out?
No. It only classifies the two kinds. The mechanics of levy and sale are covered in later sections of this article.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: types of execution nebraskaexecution for possession of propertymoney judgment execution vs possessionkinds of writs of executionejectment execution damages and costs