No judgment on which execution has not been taken out and levied before the expiration of five years after its entry shall operate as a lien upon the estate of any debtor to the preference of any other bona fide judgment creditor or purchaser, but when judgment has been or may be rendered in the Court of Appeals or Supreme Court and any special mandate awarded to the district court to carry the same into execution, the lien of the judgment creditor shall continue for five years after the first day of the next term of the district court to which such mandate may be directed. Nothing in this section shall be construed to defeat the lien of any judgment creditor who fails to take out execution and cause a levy to be made as provided in this section when such failure is occasioned by appeal, proceedings in error, or injunction or by a vacancy in the office of sheriff and coroner or the inability of such officers until one year after such disability is removed.
§ 25-1542.Judgment lien; when lost.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 2000 · Last verified July 22, 2026
In one sentenceA Nebraska judgment stops operating as a lien on the debtor’s real estate ahead of other good-faith judgment creditors or purchasers once five years pass without execution being issued and levied, though appeals, injunctions, and a vacant sheriff’s office can extend that window.
Full Text of § 25-1542
Source
R.S.1867, Code § 509, p. 480; Laws 1901, c. 81, § 1, p. 474; R.S.1913, § 8088; C.S.1922, § 9024; C.S.1929, § 20-1542; R.S.1943, § 25-1542; Laws 1991, LB 732, § 50; Laws 2000, LB 921, § 13.
Plain-English Summary
A recorded money judgment attaches to the debtor’s real property as a lien, giving the judgment creditor a claim that can outrank later buyers and creditors. Section 25-1542 makes clear that this priority is not permanent — the creditor has to act on it. If five years pass after the judgment is entered without an execution being issued and levied, the lien no longer operates to the creditor’s preference over any other bona fide judgment creditor or purchaser. A creditor who lets a judgment sit unenforced for five years can lose out to someone who later gets a judgment or buys the property in good faith.
An appellate wrinkle extends the clock in one situation: when a judgment comes from the Court of Appeals or Supreme Court and a special mandate directs the district court to carry it into execution, the lien continues for five years from the first day of the next district court term after that mandate is directed.
The section also protects creditors who miss the five-year window for reasons outside their control. If the failure to execute and levy resulted from an appeal, error proceedings, an injunction, a vacancy in the sheriff and coroner’s office, or those officers’ inability to act, the lien survives, and the creditor gets up to one year after the obstacle clears to act.
Frequently Asked Questions
How long does a Nebraska judgment lien last before losing its priority?
Five years from entry of the judgment. If execution has not been issued and levied by then, the lien no longer operates to the creditor’s preference over other bona fide judgment creditors or purchasers.
What does it mean for execution to be “issued and levied”?
Issuing execution means the court sends out the writ directing the sheriff to seize property. Levying means the sheriff takes the further step of claiming specific property under that writ. Both have to happen within the five years.
Does the judgment lien disappear completely after five years?
The statute does not erase the judgment itself. It takes away the lien’s preference over later bona fide judgment creditors or purchasers, which in practice can mean losing priority in a race to the debtor’s property.
What if I couldn’t execute because my case was tied up on appeal?
The section preserves the lien in that situation. Delay caused by appeal, error proceedings, or injunction does not defeat the lien, and the creditor gets up to one year after the obstacle is removed to act.
What if the sheriff’s office was vacant and no one could levy the execution?
The same protection applies. A vacancy in the office of sheriff and coroner, or the officers’ inability to act, preserves the lien for up to one year after that disability ends.
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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