At the expiration of the stay the clerk shall issue a joint execution against the
property of all the judgment debtors and sureties, describing them as debtors or sureties therein.
§ 25-1513.Stay of execution; expiration; writ to issue; duty of clerk.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1875 · Last verified July 22, 2026
In one sentenceThis section directs the clerk, once a stay of execution expires, to issue a single joint execution against the property of both the judgment debtor and the stay-bond sureties, identifying each of them by their respective role as debtor or surety.
Full Text of § 25-1513
Source
Laws 1875, § 9, p. 51; R.S.1913, § 8054; C.S.1922, § 8995; C.S.1929, § 20-1513; R.S.1943, § 25-1513.
Plain-English Summary
Section 25-1513 picks up where the stay leaves off. At the expiration of the stay, the clerk issues a joint execution against the property of all the judgment debtors and sureties together, in one writ rather than separate ones for each party. That makes sense given how the stay bond works: under Section 25-1510, the bond already has the force of a confessed judgment against the sureties, so once the stay period ends, enforcement can proceed against debtor and sureties alike without a new lawsuit against the sureties.
The writ has to describe each person by their actual role — as a debtor or as a surety — rather than lumping everyone together without distinction. That labeling matters for the accounting duty in Section 25-1514, which requires the officer to report separately how much was collected from the principal debtor and how much from the sureties.
Frequently Asked Questions
What happens once a stay of execution period runs out?
The clerk issues a joint execution against the property of all the judgment debtors and the sureties on the stay bond.
Does the creditor need a separate execution against the sureties?
No. This section directs a single joint execution covering both the debtor and the sureties once the stay expires.
Does the writ have to distinguish between the debtor and the sureties?
Yes. The execution must describe each of them as debtors or sureties, rather than treating them identically.
Why does labeling debtor versus surety matter on the writ?
Because Section 25-1514 requires the officer executing the writ to report separately how much was collected from the debtor and how much from the sureties.
Is a new lawsuit required to enforce the bond against the sureties at this point?
No. The bond already functions as a confessed judgment against the sureties under Section 25-1510, so the joint execution can proceed against them directly.
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
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