When any writ shall issue, directing the sale of property previously taken in execution, the officer issuing said writ shall, at the request of the person entitled to the benefit thereof, his agent or attorney, add thereto a command to the officer to whom such writ shall be directed, that if the property remaining in his hands not sold shall, in his opinion, be insufficient to satisfy the judgment, he shall levy the same upon the lands and tenements, goods and chattels, or either, as the law shall permit, being the property of the judgment debtor, sufficient to satisfy the debt.
§ 25-1526.Additional writ; goods unsold insufficient; further levy and sale.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen a writ directs the sale of property already levied on, this section lets the party entitled to the judgment ask the issuing officer to add a command directing further levy on the debtor’s land or other property if the officer believes the remaining unsold goods will not satisfy the judgment.
Full Text of § 25-1526
Source
R.S.1867, Code § 491, p. 476; R.S.1913, § 8067; C.S.1922, § 9008; C.S.1929, § 20-1526; R.S.1943, § 25-1526.
Plain-English Summary
Section 25-1526 addresses a shortfall problem: what if the goods already levied on will not raise enough money to satisfy the judgment? When a writ issues to sell property previously taken in execution, the person entitled to the benefit of the writ — or an agent or attorney — can request that the issuing officer add an extra command to it.
That added command directs the officer executing the writ, if in his own opinion the unsold property in his hands is insufficient to satisfy the judgment, to levy further on the debtor’s lands and tenements, goods and chattels, or both, as the law allows, up to an amount sufficient to satisfy the debt. The officer’s judgment about sufficiency governs whether the expanded levy happens.
Frequently Asked Questions
Who can request that the writ include this expanded levy command?
The person entitled to the benefit of the writ, or that person’s agent or attorney.
When does the officer levy on additional property under this section?
Only if, in the officer’s own opinion, the property already in hand and unsold will not be enough to satisfy the judgment.
Does this expanded levy reach real estate as well as personal property?
Yes. The added command can direct levy on lands and tenements, goods and chattels, or either, as the law permits.
Is the officer required to add this command to every writ?
No. It is added at the request of the party entitled to the writ’s benefit, not automatically.
How much additional property can the officer levy on?
Enough, in the officer’s judgment, to satisfy the underlying debt.
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 additional levy insufficient goodswrit command further levy nebraskalevy on land after goods insufficientofficer opinion sufficiency executionexpanding execution levy nebraska