§ 25-1517.Several writs of execution; preference.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 2000 · Last verified July 22, 2026
Full Text of § 25-1517
Source
R.S.1867, Code § 484, p. 474; R.S.1913, § 8058; C.S.1922, § 8999; C.S.1929, § 20-1517; R.S.1943, § 25-1517; Laws 2000, LB 921, § 12.
Plain-English Summary
Section 25-1517 answers a question that comes up whenever more than one creditor is chasing the same debtor: who gets paid first when the officer cannot satisfy every execution in hand? If two or more writs against the same debtor are delivered to the officer on the same day, no preference is given to any of them. If the money collected is not enough to cover all of them, it gets distributed to the creditors in proportion to the amount of their respective demands, so each shares according to the size of their claim.
Different days produce a different rule. In every other case, the writ delivered first to the officer gets satisfied first. That makes the exact moment of delivery critical, which is why the section requires the officer to endorse on every writ the time it was received — that endorsement is the record that settles priority disputes.
The section closes with a savings clause: none of this changes any preferable lien one or more of the underlying judgments may already have on the debtor’s land, a reminder that the real estate lien rules in Section 25-1504 operate independently of the delivery-order priority this section establishes for execution proceeds generally.
Frequently Asked Questions
What happens when two creditors deliver executions against the same debtor on the same day?
No preference is given to either writ. If the money collected falls short of paying both in full, it is distributed to the creditors in proportion to their respective claims.
What if the executions are delivered on different days?
The writ delivered first to the officer is satisfied first, ahead of writs delivered later.
Why does the officer mark the time an execution is received?
That endorsed time is what determines priority between executions delivered on different days, so recording it accurately is essential to resolving competing claims.
Does this section change a creditor’s existing lien priority on the debtor’s real estate?
No. The section specifically preserves any preferable lien a judgment already has on the debtor’s land, independent of the delivery-order rule for execution proceeds.
Is there any advantage to being the first creditor to deliver an execution?
Yes, if the delivery happens on a different day than a competing execution — the first writ delivered is paid first. Same-day delivery instead triggers pro rata sharing.