Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen levied goods and chattels remain unsold for want of bidders, lack of time to advertise, or other reasonable cause, this section lets the officer take a delivery bond from the defendant promising to produce the property for a later sale, and treats a failure to deliver or pay as a broken bond.
Full Text of § 25-1524
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In all cases where a sheriff, coroner, or other officer, shall by virtue of an execution, levy upon any goods and chattels which shall remain upon his hands unsold, for want of bidders, for the want of time to advertise and sell, or any other reasonable cause, the officer may, for his own security, take of the defendant an undertaking, with security in such sum as he may deem sufficient, to the effect that the said property shall be delivered to the officer holding an execution for the sale of the same, at the time and place appointed by said officer, either by notice given in writing to said defendant in execution, or by advertisement, published in a newspaper printed in the county, naming therein the day and place of sale. If the
defendant shall fail to deliver the goods and chattels at the time and place mentioned in the notice to him given, or to pay to the officer holding the execution, the full value of said goods and chattels, or the amount of said debts and costs, the undertaking, given as aforesaid, shall be considered as broken, and may be proceeded on as in other cases.
Not every levy ends in an immediate sale. Section 25-1524 covers the gap between seizing goods and selling them. If a sheriff, coroner, or other officer levies on goods and chattels that stay in his hands unsold — for want of bidders, lack of time to advertise and sell, or any other reasonable cause — the officer may, for his own protection, take an undertaking from the defendant with sufficient security.
That bond obligates the defendant to deliver the property to whichever officer holds the execution for its sale, at a time and place the officer sets, either by written notice to the defendant or by newspaper advertisement naming the day and place. If the defendant fails to deliver the goods as promised, or fails to pay the officer the property’s full value or the underlying debt and costs, the bond is treated as broken and can be enforced like any other bond.
Frequently Asked Questions
Why would an officer take a delivery bond instead of just holding the goods?
Holding unsold goods creates risk and cost for the officer. A delivery bond lets the officer release the property to the defendant’s custody while securing its return, or payment, when a sale is finally arranged.
Is the officer required to take this bond?
No. Section 25-1524 says the officer “may” take the undertaking for his own security; it is not mandatory.
How does the defendant learn when and where to deliver the goods?
Either by written notice from the officer or by a newspaper advertisement naming the day and place of sale.
What happens if the defendant does not deliver the goods or pay the debt?
The undertaking is considered broken and may be proceeded on like any other bond in default.
Could paying the debt in full satisfy the bond instead of returning the goods?
Yes. The section treats payment of the goods’ full value or of the debt and costs as an alternative to delivering the property itself.
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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