If the court shall find the right to said goods and chattels, or any part thereof, to be in the claimant, the court shall also find the value thereof, and shall render judgment for the claimant, that he recover his costs against the plaintiff in execution, or other party to the same for whose benefit the execution issued, and also that he have restitution of said goods and chattels, or any part thereof. But if the right of the goods and chattels, and every part thereof, shall not be in the claimant, then the court shall render judgment on such finding, in favor of the plaintiff in execution, or other party for whose benefit the same was issued and levied, against the claimant for costs, and award execution thereon. Such judgment for the claimant, unless an undertaking shall be executed as provided in section 25-1523, shall be a justification of the officer in returning no goods to the writ of execution by virtue of which the levy has been made, as to such part of the goods and chattels as were found to belong to such claimant.
§ 25-1522.Intervening claimants; proceedings to ascertain title; procedure; judgment; effect.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1973 · Last verified July 22, 2026
In one sentenceThis section tells the court what to do once it takes up an intervening claimant’s ownership dispute under section 25-1521: award the claimant costs and the return of the property found to belong to them, or award the execution creditor costs and let the sale proceed against whatever the claimant does not own.
Full Text of § 25-1522
Source
R.S.1867, Code § 487, p. 475; R.S.1913, § 8063; C.S.1922, § 9004; C.S.1929, § 20-1522; R.S.1943, § 25-1522; Laws 1972, LB 1032, § 132; Laws 1973, LB 226, § 14.
Plain-English Summary
Section 25-1522 supplies the outcome for the dispute that section 25-1521 sets in motion. If the court finds that the claimant owns the goods and chattels, or some part of them, the court fixes the value of that property and enters judgment for the claimant: costs against the plaintiff in execution (or whoever else benefits from the execution), plus restitution — meaning the claimant gets the property itself back, not just its value in cash.
If the claimant loses on all of the property, the result flips. The court renders judgment for the plaintiff in execution against the claimant for costs, and the execution proceeds. Either way, the judgment does more than settle costs. Unless the plaintiff posts the bond described in section 25-1523, a judgment for the claimant protects the officer: it justifies returning the writ without those goods as to whatever portion the court found belonged to the claimant, so the officer is not left holding the bag for having levied on property that turned out not to be the debtor’s.
Frequently Asked Questions
What happens if the court finds the claimant owns only part of the levied property?
The court values that part, enters judgment for the claimant on it (costs plus restitution of that portion), and the execution proceeds against whatever remains that the claimant does not own.
What does “restitution” mean in this context?
It means the claimant gets the actual goods and chattels back, not merely a money judgment for their value.
Does the officer face liability for having levied on the claimant’s property?
Generally no. A judgment for the claimant serves as the officer’s justification for returning the writ without those goods, unless the plaintiff has posted the undertaking described in section 25-1523.
What if the claimant loses the dispute entirely?
The court enters judgment for the plaintiff in execution against the claimant for costs, and the execution against the property is awarded to proceed.
Who pays costs when the claimant wins on only part of the property?
The section directs judgment for the claimant, including costs, as to the portion found to be theirs, while the balance proceeds under the execution.
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: nebraska claimant judgment executionrestitution of levied goods nebraskaofficer protected from liability levywho pays costs claimant disputeintervening claimant outcome nebraska