Successive executions or orders of sale may issue at any time after the return of the officer not sold for want of bidders at the request of the plaintiff or his attorney.
§ 25-1528.Successive executions or orders of sale; when authorized.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1915 · Last verified July 22, 2026
In one sentenceThis section allows successive executions or orders of sale to issue at any time after the officer returns a prior writ unsold for want of bidders, on the request of the plaintiff or the plaintiff’s attorney.
Full Text of § 25-1528
Source
R.S.1867, Code § 495, p. 477; R.S.1913, § 8073; Laws 1915, c. 149, § 2, p. 319; C.S.1922, § 9010; C.S.1929, § 20-1528; R.S.1943, § 25-1528.
Plain-English Summary
Section 25-1528 removes any waiting period between failed sale attempts. Once an officer returns a writ marked not sold for want of bidders, the plaintiff or the plaintiff’s attorney can request another execution or order of sale right away — there is no cooling-off period built into the statute.
This section works alongside sections 25-1525 and 25-1527, which allow new writs after an unsold sale but still require the same public notice before the new sale can happen. Section 25-1528 confirms that the plaintiff does not have to wait for any set interval before pursuing that next writ.
Frequently Asked Questions
How soon after a failed sale can the plaintiff get another execution?
At any time after the officer’s return of the writ as not sold for want of bidders — the statute sets no waiting period.
Who can request a successive execution or order of sale?
The plaintiff or the plaintiff’s attorney.
Does the new writ skip the notice requirements for the sale?
Is there a limit on how many times an execution can be reissued this way?
Section 25-1528 does not cap the number of successive executions; it only removes any delay requirement between attempts after a want-of-bidders return.
Does this section apply to both goods and land?
It refers to successive executions or orders of sale generally, covering the reissuance process that section 25-1527 applies specifically to land sales.
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 successive execution no biddersreissue execution after failed saleorder of sale request nebraskawant of bidders return executionnew writ after unsold property