All property levied on before stay of execution, and all written undertakings for
the delivery of personal property to the sheriff, shall be relinquished by the officer upon stay of execution being entered.
§ 25-1512.Stay of execution; property and undertakings relinquished.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1875 · Last verified July 22, 2026
In one sentenceThis section requires the officer to relinquish any property already levied on before the stay was entered, and cancels any written undertaking for delivering personal property to the sheriff, once a stay of execution takes effect.
Full Text of § 25-1512
Source
Laws 1875, § 8, p. 50; R.S.1913, § 8053; C.S.1922, § 8994; C.S.1929, § 20-1512; R.S.1943, § 25-1512.
Plain-English Summary
Section 25-1512 tells the sheriff what to do with property already in hand once a stay arrives. Any property levied on before the stay of execution was entered has to be relinquished by the officer once the stay is in place — an earlier seizure does not survive the stay taking effect. The debtor gets that property back for the duration of the stay.
The same release applies to written undertakings for the delivery of personal property to the sheriff — agreements a debtor might have signed promising to hand over specific property. Once the stay is entered, those undertakings are relinquished along with any property already seized, consistent with the sheriff’s broader duty under Section 25-1511 to return the writ once notified of the stay.
Frequently Asked Questions
If the sheriff already seized property before a stay was granted, does that property stay seized?
No. Section 25-1512 requires the officer to relinquish property already levied on once the stay of execution is entered.
What happens to a written agreement to deliver personal property to the sheriff once a stay is entered?
It is relinquished, the same as property already seized.
Does this section apply only to personal property, or also to real estate levied on before the stay?
The section refers broadly to property levied on before the stay, without distinguishing real from personal property, alongside the specific rule for delivery undertakings.
Who is responsible for releasing the property?
The officer holding the execution — typically the sheriff — is the one required to relinquish it once the stay takes effect.
How does this section relate to the sheriff’s duty to return the writ?
It works together with Section 25-1511: once notified of the stay, the sheriff both returns the writ and relinquishes any property or undertakings already secured under it.
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: release property seized after stayrelinquish levy upon stay of executionpersonal property delivery undertaking cancelledwhat happens to seized goods after staysheriff return property stay entered