§ 25-1514.Stay of execution; judgment liens not released.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1875 · Last verified July 22, 2026
Full Text of § 25-1514
Source
Laws 1875, § 10, p. 51; R.S.1913, § 8055; C.S.1922, § 8996; C.S.1929, § 20-1514; R.S.1943, § 25-1514.
Plain-English Summary
Section 25-1514 makes clear that a stay bond does not wipe away the judgment it was meant to delay. Where a stay of execution has been taken, the resulting confessed judgment against the sureties does not release the original judgment lien for the amount still due. The creditor keeps the benefit of the original lien on top of whatever security the stay bond adds through the sureties.
The section also imposes a bookkeeping duty on the officer carrying out the joint execution described in Section 25-1513. The officer has to return on the execution exactly how much was collected from the principal debtor and how much came from the sureties. That distinction matters for sorting out reimbursement rights between the debtor and the sureties later, since a surety who ends up paying part of the judgment typically has a claim against the debtor for that amount.
Frequently Asked Questions
Does the confessed judgment against the sureties replace the original judgment against the debtor?
No. Section 25-1514 states that the confessed judgment does not release the original judgment lien for the amount still owed.
What does the officer have to report when collecting on the joint execution?
How much of the amount collected came from the principal debtor and how much came from the sureties, reported separately on the return.
Why does it matter whether money came from the debtor or the sureties?
That breakdown affects reimbursement rights, since a surety who pays part of the judgment generally has a claim against the debtor for what the surety paid.
Does this section apply to the joint execution issued once a stay expires?
Yes. It works together with Section 25-1513, which sets up the joint execution against debtor and sureties once the stay period ends.
Can the creditor still rely on the lien created when the judgment was originally entered?
Yes. This section preserves that original lien for the amount then due, on top of the security created by the stay bond.