The sureties for the stay of execution may be taken and approved by the clerk, the bond shall be recorded on the register of actions and have the force and effect of a judgment confessed from the date thereof against the property of the sureties, and the clerk shall enter such sureties on the judgment index, as in the case of other judgments.
§ 25-1510.Stay of execution; sureties; approval; bond tantamount to judgment confessed.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 2018 · Last verified July 22, 2026
In one sentenceThis section lets the clerk, rather than a judge, take and approve stay-of-execution sureties, gives the recorded bond the force of a confessed judgment against the sureties’ property, and requires entering the sureties on the judgment index like any other judgment.
Full Text of § 25-1510
Source
Laws 1875, § 6, p. 50; R.S.1913, § 8051; C.S.1922, § 8992; C.S.1929, § 20-1510; R.S.1943, § 25-1510; Laws 2018, LB193, § 25.
Plain-English Summary
Section 25-1510 explains who handles the paperwork behind a stay bond and what that paperwork accomplishes. Sureties for a stay of execution can be taken and approved by the clerk — no separate judicial hearing is required to put the bond in place. Once the bond is recorded on the register of actions, it carries the force and effect of a judgment confessed against the sureties’ own property, running from the date the bond was entered. There is no need for the creditor to sue the sureties separately if the debtor defaults; the bond already functions as a judgment against them.
To make that confessed judgment enforceable in the same way as any other judgment, the clerk enters the sureties on the judgment index, exactly as would happen with an ordinary judgment debtor. That index entry is what gives the confessed judgment its practical bite — creating a lien against the sureties’ real estate consistent with the general lien rules in Section 25-1504.
Frequently Asked Questions
Does a judge have to approve the sureties on a stay bond?
No. Section 25-1510 lets the clerk take and approve the sureties, without a separate judicial proceeding.
If the debtor defaults, does the creditor have to sue the sureties separately?
No. The recorded stay bond already has the force and effect of a judgment confessed against the sureties’ property, from the date the bond was entered.
How does the confessed judgment against the sureties become enforceable like other judgments?
The clerk enters the sureties on the judgment index, the same step used for ordinary judgments, which ties into the lien rules in Section 25-1504.
Where is the stay bond recorded?
On the register of actions.
From what date does the confessed judgment run against the sureties?
From the date the bond is entered, not from some later date such as when the debtor eventually defaults.
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: clerk approves stay bond suretiesstay bond confessed judgmentregister of actions stay bondsureties entered on judgment indexstay bond same as judgment