When the surety is entered after execution issued, the clerk shall immediately notify the sheriff of the stay, and he shall forthwith return the execution, with his doings thereon.
§ 25-1511.Stay of execution; recall of writ; duties of clerk and sheriff.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1875 · Last verified July 22, 2026
In one sentenceThis section addresses the situation where a stay is obtained after an execution has already been issued and delivered, requiring the clerk to promptly notify the sheriff of the stay and the sheriff to promptly return the writ along with a report of whatever steps had already been taken under it.
Full Text of § 25-1511
Source
Laws 1875, § 7, p. 50; R.S.1913, § 8052; C.S.1922, § 8993; C.S.1929, § 20-1511; R.S.1943, § 25-1511.
Plain-English Summary
Timing does not always cooperate. Sometimes a debtor arranges a stay of execution only after the sheriff already has the writ in hand and has begun acting on it. Section 25-1511 covers exactly that overlap. When the surety is entered — meaning the stay bond has been approved — after execution has already issued, the clerk must immediately notify the sheriff that a stay has been taken.
Once notified, the sheriff has a corresponding duty: return the execution forthwith, along with a report of his doings under it. That report matters, because whatever levy or other action the sheriff already took before the stay came in still needs to be accounted for, particularly given the property-release rule in Section 25-1512 and the joint-execution procedure that follows once the stay eventually expires.
Frequently Asked Questions
What happens if a stay is obtained after the sheriff already has the execution?
The clerk must immediately notify the sheriff of the stay, and the sheriff must promptly return the writ along with a report of what had already been done under it.
Whose job is it to tell the sheriff about a late-arriving stay?
The clerk’s. Section 25-1511 places that notification duty on the clerk once the surety is entered after execution has issued.
What does “his doings thereon” mean in this section?
It refers to whatever actions the sheriff had already taken under the writ — such as a levy — before receiving notice of the stay, which he must report when returning the execution.
Does this section apply if the stay is arranged before execution is even issued?
Section 25-1511 addresses the case where the surety is entered after execution has issued; it is aimed at that specific overlap scenario.
Why does the sheriff need to act promptly once notified?
Because the stay halts enforcement, and any property already seized needs to be dealt with under the release rule in Section 25-1512.
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 after execution already issuedclerk notify sheriff of staysheriff return execution after stayrecall writ of execution nebraskasheriff report levy actions stay