If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed which has come to his hands; or shall neglect or refuse to sell any goods and chattels, lands and tenements; or shall neglect to call an inquest and return a copy thereof forthwith to the clerk's office; or shall neglect to return any writ of execution to the proper court, on or before the return day thereof; or shall neglect to return a just and perfect inventory of all and singular the goods and chattels by him taken in execution, unless the said sheriff or other officer shall return that he has levied and made the amount of the debt, damages and costs; or shall refuse or neglect on demand to pay over to the plaintiff, his agent or attorney of record, all money by him collected or received, for the use of said party, at any time after collecting or receiving the same, except as provided in section 25-1531; or shall neglect or refuse on demand made by the defendant, his agent or attorney of record, to pay over all money by him received for any sale made, beyond what is sufficient to satisfy the writ or writs of execution, with interest and legal costs, such sheriff or officer shall, on motion in court and two days' notice thereof in writing, be amerced in the amount of said debt, damages and costs, with ten percent thereon, to and for the use of said plaintiff or defendant, as the case may be.
§ 25-1545.Execution; sheriff; amercement; causes; procedure.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a court amerce, or penalize, a sheriff or other officer up to the full amount of the debt, damages, and costs plus ten percent for refusing or neglecting core execution duties, including serving the writ, selling levied property, filing an inventory, or paying over money collected for the plaintiff or defendant.
Full Text of § 25-1545
Source
R.S.1867, Code § 513, p. 482; R.S.1913, § 8092; C.S.1922, § 9028; C.S.1929, § 20-1546; R.S.1943, § 25-1545.
Plain-English Summary
Amercement is an old term for a summary penalty procedure that holds a sheriff or other officer personally liable for mishandling a writ of execution. It is not a criminal charge. It is a civil remedy that the harmed party — the plaintiff who is owed money or the defendant who is owed a surplus — can use directly against the officer, through a motion in the same case, without filing a separate lawsuit.
Section 25-1545 lists the specific failures that trigger it: refusing or neglecting to execute a writ that has come into the officer’s hands; refusing or neglecting to sell goods, chattels, land, or buildings taken under the writ; neglecting to call an inquest and return a copy to the clerk; neglecting to return the writ to the proper court by its return day; failing to return a full and accurate inventory of property taken, unless the officer instead reports having collected the full debt, damages, and costs; refusing or neglecting to pay the plaintiff money collected on the plaintiff’s behalf, except as section 25-1531 provides otherwise; or refusing or neglecting to pay the defendant any surplus left over from a sale.
The procedure is summary by design: the wronged party files a motion in court and gives the officer two days’ written notice. If the court finds one of these failures occurred, it amerces the officer in the amount of the debt, damages, and costs, plus ten percent, payable to whichever party the officer wronged.
Frequently Asked Questions
What does “amercement” mean under Nebraska law?
It is a summary penalty procedure that makes a sheriff or other officer personally liable for mishandling a writ of execution — for example, by failing to serve it, sell property under it, or pay over money collected under it.
Can a Nebraska sheriff be personally fined for mishandling an execution?
Yes. Section 25-1545 allows a court to amerce the sheriff or other officer in the amount of the debt, damages, and costs, plus ten percent, for specific listed failures.
What specific mistakes by a sheriff can lead to amercement?
Refusing or neglecting to execute the writ, to sell levied property, to call an inquest, to return the writ on time, to return a proper inventory, or to pay over money owed to the plaintiff or defendant.
How does someone get a sheriff amerced?
By filing a motion in the court handling the case and giving the officer two days’ written notice of the motion before it is heard.
How much can the sheriff be fined through amercement?
Under this section, the amercement equals the amount of the debt, damages, and costs, plus ten percent, payable to the plaintiff or defendant depending on which party was wronged.
Is amercement a criminal penalty against the officer?
No. It is a civil remedy handled through a motion in the underlying case, not a criminal prosecution.
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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