§ 25-1544.Judgment against principal and surety; how entered; how executed.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen a Nebraska judgment is entered on a written instrument signed by two or more people jointly and severally, and testimony shows one signed only as surety, the clerk must record who is the principal debtor and who is the surety, and execution must exhaust the principal debtor’s property before touching the surety’s.
Full Text of § 25-1544
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In all cases where judgment is rendered in any court of record within this state upon any instrument in writing in which two or more persons are jointly and severally bound, and it shall be made to appear to the court by parol or other testimony that one or more of said persons so bound signed the same as surety or
bail for his or their codefendant, it shall be the duty of the clerk of said court in recording the judgment thereon, to certify which of the defendants is principal debtor, and which are sureties or bail. The clerk of the court aforesaid shall issue execution on such judgment, commanding the sheriff or other officer to cause the money to be made of the goods and chattels, lands and tenements, of the principal debtor, but for want of sufficient property of the principal debtor to make the same, that he cause the same to be made of the goods and chattels, lands and tenements of the surety or bail. In all cases the property, both personal and real, of the principal debtor, within the jurisdiction of the court, shall be exhausted before any of the property of the surety or bail shall be taken in execution.
Loans and other written obligations often carry more than one signature — a principal borrower and someone who cosigned to guarantee payment. Nebraska’s older statutory language calls that guarantor a “surety” or “bail.” Section 25-1544 addresses what happens when a court enters judgment against everyone who signed jointly and severally, and evidence — spoken testimony or other proof — shows that one or more of them signed only as surety for a codefendant. The clerk recording the judgment has to note which defendant is the principal debtor and which are sureties.
That distinction controls how the sheriff carries out the judgment. The clerk’s execution instructs the sheriff to collect first from the principal debtor’s goods, chattels, land, and buildings. Only if the principal debtor’s property is not enough does the sheriff turn to the surety’s property. The statute is explicit that all of the principal debtor’s property within the court’s jurisdiction — personal and real alike — must be exhausted before any of the surety’s property can be taken.
The practical effect protects a cosigner from bearing the loss first just because the sheriff finds it convenient. The principal debtor’s assets have to run out before the surety’s do.
Frequently Asked Questions
What does it mean to sign a debt as “surety” or “bail” under this section?
It means signing a written instrument as a guarantor for someone else’s debt rather than as the person who borrowed the money or incurred the obligation directly. The statute uses “surety” and “bail” interchangeably for that role.
If I cosigned a loan and we’re both sued, whose property gets seized first?
The principal debtor’s. Section 25-1544 requires the sheriff to exhaust the principal debtor’s personal and real property before taking any property belonging to the surety.
How does the court determine who is the principal and who is the surety?
Through parol testimony or other evidence presented to the court, which the clerk then uses to note the distinction when recording the judgment.
Does the sheriff have to sell every asset of the principal debtor before touching mine as surety?
The statute requires that the principal debtor’s property, both personal and real, within the court’s jurisdiction be exhausted before any of the surety’s property is taken in execution.
What if the principal debtor has no property in Nebraska for the sheriff to reach?
Once the principal debtor’s available property proves insufficient, execution can move to the surety’s property, since the rule requires exhaustion of what exists within the court’s jurisdiction rather than an impossible search elsewhere.
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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