Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1999 · Last verified July 22, 2026
In one sentenceThis section lets a defendant stay execution on a money judgment by procuring two or more qualified freehold sureties to sign a bond within twenty days of judgment, with the stay length tied to the judgment amount, though several categories of judgments — including those against fiduciaries or officers — are excluded entirely.
Full Text of § 25-1507
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On all judgments for the recovery of money only, except those rendered in any court on an appeal or writ of error thereto or against any officer or person or corporation, or the sureties of any of them, for money received in a fiduciary capacity, or for the breach of any official duty, there may be a stay of execution if the defendant therein shall, within twenty days after the entry of judgment, procure two or more sufficient freehold sureties to enter into a bond, acknowledging themselves security for the defendant for the payment of the judgment, interest,
and costs, from the time of entering judgment until paid as follows: (1) If the sum for which judgment was rendered, exclusive of costs, does not exceed fifty dollars, three months; (2) if the sum for which judgment was rendered, exclusive of costs, exceeds fifty dollars and does not exceed one hundred dollars, six months; and (3) if the sum for which judgment was rendered, exclusive of costs, exceeds one hundred dollars, nine months.
Section 25-1507 describes the freehold-surety route to a stay of execution. On judgments for the recovery of money only, a defendant who, within twenty days after entry of judgment, procures two or more sufficient freehold sureties to sign a bond can obtain a stay. The sureties bind themselves to pay the judgment, interest, and costs if the defendant does not. The length of the stay scales with the size of the judgment: three months for judgments of fifty dollars or less, six months for judgments over fifty but not exceeding one hundred dollars, and nine months for judgments exceeding one hundred dollars. Those dollar figures come from the statute’s nineteenth-century origins and have not been updated, so in practice nearly every modern money judgment falls into the top, nine-month tier.
Not every money judgment qualifies. The section excludes judgments rendered on appeal or writ of error, and judgments against an officer, person, or corporation, or their sureties, for money received in a fiduciary capacity or for breach of an official duty. Those categories cannot be stayed under this mechanism.
A “freehold surety” is someone who owns real estate, which matters because Section 25-1508 requires the sureties to prove that ownership by affidavit before the bond is approved.
Frequently Asked Questions
How can a defendant stay execution on a money judgment in Nebraska?
By procuring two or more sufficient freehold sureties, within twenty days after judgment, to sign a bond promising to pay the judgment, interest, and costs if the defendant does not.
How long does the stay last?
It depends on the judgment amount: three months for judgments up to fifty dollars, six months for judgments over fifty but not more than one hundred dollars, and nine months for judgments over one hundred dollars. Because those dollar amounts date to the statute’s original enactment, almost every current judgment lands in the nine-month category.
What is a “freehold surety”?
Someone who owns real estate, which is why Section 25-1508 requires an affidavit confirming the sureties’ real estate ownership before a stay bond is approved.
Are there judgments that cannot be stayed this way at all?
Yes. Judgments rendered on appeal or writ of error, and judgments against an officer, person, or corporation for money received in a fiduciary capacity or for breach of official duty, are excluded from this stay mechanism.
What happens after twenty days if the defendant has not procured the sureties?
The defendant loses the opportunity to obtain this particular stay, since the sureties must be procured within twenty days after judgment.
How is this different from the mortgage foreclosure stay in Section 25-1506?
This section covers plain money judgments generally, using a surety bond as the mechanism; Section 25-1506 addresses orders of sale specifically on mortgage foreclosure decrees.
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:freehold surety stay of executionstay bond money judgment nebraskatwenty days to procure suretiesstay length based on judgment amountjudgments excluded from stay bond