Officers approving stay bonds shall require the affidavits of the signers of such bonds that they own real estate not exempt from execution, and aside from encumbrance, to the value of twice the amount of the judgment.
§ 25-1508.Stay bonds; approval; justification of sureties.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1875 · Last verified July 22, 2026
In one sentenceThis section requires the officer approving a stay bond to obtain affidavits from each surety confirming they own unencumbered real estate worth at least twice the amount of the judgment being stayed.
Full Text of § 25-1508
Source
Laws 1875, § 4, p. 50; R.S.1913, § 8049; C.S.1922, § 8990; C.S.1929, § 20-1508; R.S.1943, § 25-1508.
Plain-English Summary
Section 25-1508 puts teeth into the freehold-surety stay described in Section 25-1507. It is not enough for someone to claim they own real estate — the officer approving the bond has to require affidavits from the signers stating that they own real estate, free of encumbrance, worth at least double the judgment amount. That two-to-one cushion is meant to protect the creditor: if the debtor never pays and the sureties end up on the hook, their real estate needs to be worth enough, after accounting for existing mortgages or liens, to cover the debt.
This affidavit requirement is what separates a genuine freehold surety from someone who merely claims the label. Without it, a debtor could stay execution with sureties who own little of real value, defeating the purpose of the bond as security for the creditor.
Frequently Asked Questions
What do sureties have to prove before a stay bond is approved?
They must sign affidavits confirming they own real estate, free of encumbrance, worth at least twice the amount of the judgment.
Why does the value have to be double the judgment amount?
The two-to-one margin builds in a cushion so the creditor is protected even after accounting for the surety’s other debts or encumbrances against that real estate.
Who is responsible for requiring these affidavits?
The officer approving the stay bond, which Section 25-1510 identifies as the clerk.
What happens if a proposed surety cannot show enough unencumbered real estate?
The section requires the affidavit showing sufficient value as a condition of approval, so a surety falling short of the twice-the-judgment threshold would not satisfy the requirement.
Does this section set the length of the stay?
No. It only governs how sureties are vetted. The length of the stay itself is set out in Section 25-1507.
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: stay bond surety affidavit requirementtwice the judgment real estate valueunencumbered real estate surety proofwho approves stay bonds nebraskafreehold surety qualification affidavit