§ 25-1516.Writ of execution; levy on real property; when; service upon debtor; procedure; State Court Administrator; duties; claim of exemption; hearing; valuation of motor vehicle.

Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1993 · Last verified July 22, 2026

In one sentenceThis section governs how a writ of execution is issued and served, requiring the officer to pursue goods and chattels before land, the exact debt amount endorsed on the writ, a uniform notice of exemptions served on the debtor, and a prompt hearing if the debtor claims property is exempt.

Full Text of § 25-1516

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(1) The writ of execution against the property of the debtor issuing from any court of record in this state shall command the officer to whom it is directed that of the goods and chattels of the debtor he or she cause to be made the money specified in the writ, and for want of goods and chattels he or she cause the same to be made of the lands and tenements of the debtor. The exact amount of the debt, damages, and costs for which the judgment is entered shall be endorsed on the execution.

(2) The writ of execution and a notice of exemptions form shall be issued by the clerk and served upon the debtor by the officer to whom the writ of execution is directed in the manner provided for service of process in civil cases, except that service by certified mail shall not be permitted unless the debtor is a nonresident of the State of Nebraska, in which event service shall be made by any method provided by law for service of process in civil cases.

(3) The State Court Administrator shall adopt and promulgate rules and regulations which specify uniform writs of execution and notice of exemptions forms for use in all courts in this state. The forms shall include the writ of execution and a notice of exemptions form.

(4) The notice of exemptions form shall include the following information:

(a) The caption of the lawsuit and the mailing address of the clerk of the court issuing the writ of execution; and

(b) The following notice to the debtor, in substantially the form below, which shall be printed in all capital letters immediately below the caption of the lawsuit and the address of the clerk of the court issuing the writ of execution:

NOTICE TO THE DEBTOR

YOU ARE HEREBY NOTIFIED THAT THIS COURT ISSUED A WRIT OF EXECUTION IN THIS CASE DIRECTING THAT SOME OF YOUR PROPERTY BE SOLD ACCORDING TO LAW AND THE PROCEEDS OF THE SALE BE DELIVERED TO THE CLERK OF THIS COURT TO BE USED TO SATISFY PART OR ALL OF YOUR DEBT TO THE CREDITOR. THE LAW OF NEBRASKA AND THE LAW OF THE UNITED STATES PROVIDES THAT CERTAIN PROPERTY CANNOT BE TAKEN FROM YOU AND SOLD TO PAY A DEBT. THE KINDS OF PROPERTY THAT CANNOT BE TAKEN FROM YOU AND THE PROCEDURE FOR CLAIMING THE EXEMPTION ARE SET FORTH BELOW.

THE LAW EXEMPTS FROM EXECUTION YOUR INTEREST IN OR RIGHT TO PROPERTY SET OUT IN LAW AS FOLLOWS: (THE NOTICE SHALL INCLUDE A SCHEDULE OF EXEMPTIONS AND MUST INCLUDE THOSE EXEMPTIONS LISTED IN SECTIONS 25-1552, 25-1556, 25-1559, 25-1563.01, 25-1563.02, 40-101, 44-371, AND 44-1089).

IF YOU BELIEVE THAT SOME OF YOUR PROPERTY IS EXEMPT FROM EXECUTION YOU MAY REQUEST A HEARING BY CHECKING THE BOX ON THIS FORM AND MAILING OR DELIVERING THIS FORM TO THE OFFICE OF THE CLERK OF THIS COURT SET FORTH ABOVE. YOU MAY ALSO HAVE TO PROVIDE A LIST OF YOUR PROPERTY AND THE VALUE OF YOUR PROPERTY AT THE TIME YOU MAIL OR DELIVER YOUR REQUEST FOR HEARING. FAILURE TO CLAIM THE EXEMPTION WITHIN TWENTY DAYS OF THE DATE YOU RECEIVE THIS NOTICE MAY MEAN THAT THE PROPERTY SEIZED WILL BE SOLD AND THE PROCEEDS APPLIED TO YOUR DEBT.

IF YOU REQUEST A HEARING THE HEARING WILL BE CONDUCTED NO LATER THAN TEN DAYS AFTER THE COURT RECEIVES YOUR REQUEST, UNLESS YOU REQUEST AN EARLIER HEARING DATE DUE TO AN EMERGENCY, IN WHICH CASE THE COURT SHALL SCHEDULE THE HEARING AS SOON AS PRACTICABLE.

IF YOU WANT LEGAL REPRESENTATION YOU SHOULD CONTACT YOUR LAWYER IMMEDIATELY. IF YOU NEED THE NAME OF A LAWYER, CONTACT THE LOCAL BAR ASSOCIATION OR YOUR LOCAL LEGAL AID OR LEGAL SERVICES OFFICE.

................................................

REQUEST FOR HEARING

I believe that some of my seized property may be exempt from execution in this matter and request that a hearing be held no later than ten days after the delivery of this request to the court.

Debtor.........................

Address.........................

Telephone Number.........................

Signature.........................

(5) The debtor desiring to claim an exemption from execution shall file a request for hearing.

(6) The clerk of the court which issued the writ of execution shall provide notice of the filing of the request for hearing and the date and time of any hearing to the person holding the writ and to all parties. There shall be a hearing held within ten days of the filing of the request for hearing unless the need for hearing is an emergency, in which case the court shall schedule the hearing as soon as practicable after the request is made. The hearing may be by conference telephone call if permitted by the court.

(7) At the hearing, the court shall determine the debtor's entitlement to the claimed exemption, whether the amount is owed on the judgment, and the value of the property claimed to be exempt and shall issue an exemption order after the hearing ordering the officer to sell the nonexempt property according to law and return the exempt property to the debtor immediately.

(8) If any of the personal property claimed to be exempt from execution by the debtor is a motor vehicle as defined in section 60-638, the cash value of such motor vehicle for purposes of the exemption may be determined by reference to a source of relevant fact commonly used in the motor vehicle industry to determine such value.

Source

R.S.1867, Code § 483, p. 474; R.S.1913, § 8057; C.S.1922, § 8998; C.S.1929, § 20-1516; R.S.1943, § 25-1516; Laws 1993, LB 458, § 10.

Plain-English Summary

Section 25-1516 is the procedural backbone for enforcing a money judgment against a debtor’s property, and it builds in real protection for the debtor along the way. The writ commands the officer to satisfy the judgment first out of the debtor’s goods and chattels, and only for want of goods and chattels to reach the debtor’s lands and tenements. The exact amount of debt, damages, and costs has to be endorsed on the execution itself, so there is no ambiguity about what the writ is meant to collect.

Alongside the writ, the clerk issues a notice of exemptions form, and both documents are served on the debtor in the manner used for service of process generally, with one restriction: certified mail service is off the table unless the debtor lives outside Nebraska. The State Court Administrator adopts uniform statewide forms for both the writ and the notice of exemptions, so debtors across the state receive consistent information. That notice tells the debtor, in plain terms, that specific categories of property are protected from execution under Nebraska and federal law, and explains how to claim that protection.

A debtor who believes some of the seized property is exempt files a request for hearing. The clerk notifies the party holding the writ and all parties of that request, and the court holds a hearing within ten days — sooner, if the debtor shows an emergency need for an earlier date. At the hearing, the court decides whether the claimed exemption applies, whether the amount claimed as owed on the judgment is accurate, and what the exempt property is worth, then issues an order directing the officer to sell the nonexempt property and return the exempt property to the debtor right away.

For a motor vehicle claimed as exempt, the section allows its cash value to be determined by reference to a source commonly used in the motor vehicle industry to establish such values, rather than requiring a separate appraisal process.

Frequently Asked Questions

Does the sheriff have to go after the debtor’s personal property before real estate?

Yes. The writ commands the officer to satisfy the judgment out of goods and chattels first, and to reach lands and tenements only for want of sufficient goods and chattels.

How does a debtor find out which property is protected from execution?

The clerk serves the debtor with a notice of exemptions form, using a statewide uniform format the State Court Administrator adopts, explaining what property is exempt and how to claim it.

Can the writ and notice be served by certified mail?

Only if the debtor is a nonresident of Nebraska. Otherwise, service follows the ordinary methods used for service of process in civil cases.

What does a debtor do to claim an exemption on seized property?

File a request for hearing with the court. The clerk then notifies the party holding the writ and all other parties, and the court schedules a hearing.

How quickly is the hearing held after the debtor requests one?

Within ten days of the filing of the request, unless the debtor shows an emergency need for an earlier hearing date, in which case the court schedules it as soon as practicable.

What does the court decide at the exemption hearing?

Whether the debtor is entitled to the claimed exemption, whether the amount owed on the judgment is accurate, and what the exempt property is worth, then it orders nonexempt property sold and exempt property returned.

How is a motor vehicle’s value determined for exemption purposes?

The cash value may be determined by reference to a source of relevant fact commonly used in the motor vehicle industry to establish such values.

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: claiming exemption from execution nebraskanotice of exemptions writ of executionexemption hearing seized propertygoods before land levy ordermotor vehicle value exemption execution