§ 25-1521.Intervening claimants; proceedings to ascertain title.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 2018 · Last verified July 22, 2026
In one sentenceWhen a sheriff or other officer levies an execution on goods and chattels that someone other than the judgment debtor claims to own, this section requires the officer to notify the court in writing, name the parties and the claimant, attach a schedule of the property, and let the court decide who owns it.
Full Text of § 25-1521
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If the officer, by virtue of any writ of execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, such officer shall give notice in writing to the court, in which shall be set forth the names of the plaintiff and defendant, together with the
name of the claimant. At the same time such officer shall furnish the court with a schedule of the property claimed. Immediately upon the filing of such notice and schedule, the court shall determine the right of the claimant to the property in controversy.
An execution sale can go wrong fast if the property under the sheriff’s hand does not belong to the debtor. Section 25-1521 gives the officer a way to stop and let a judge sort out ownership instead of guessing. Once the officer levies on goods and chattels that a third party claims, the officer files written notice with the court naming the plaintiff, the defendant, and the claimant, along with a schedule describing the disputed property.
The court does not sit on that filing. As soon as the notice and schedule are filed, the court takes up the claimant’s right to the property in controversy. This section only starts the process; it does not resolve the dispute. Sections 25-1522 and 25-1523 pick up from here, covering how the court and, where a jury is used, the jury decide who owns the goods and what happens next.
Frequently Asked Questions
What triggers the notice-and-schedule procedure under section 25-1521?
An officer levying a writ of execution on goods and chattels that a person other than the judgment debtor claims to own. The officer must then notify the court in writing rather than proceed as if there were no dispute.
What has to be in the officer’s written notice to the court?
The names of the plaintiff and the defendant, the name of the claimant, and a schedule listing the property the claimant says belongs to them.
Who decides whether the claimant owns the property?
The court. Section 25-1521 directs the court to take up and determine the claimant’s right to the property once the notice and schedule are filed.
Does the officer have to stop selling the property while this is pending?
The section requires the officer to file notice and a schedule immediately upon levying on property a third party claims, which sets the ownership question before the court rather than leaving the officer to sell disputed goods on his own judgment.
Why would an officer bother with this procedure instead of just selling the goods?
Selling property that belongs to someone other than the judgment debtor exposes the officer to liability. Filing notice and letting the court decide ownership protects the officer and gives the true owner a forum to be heard.
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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