If any clerk of the court shall neglect or refuse, on demand made by the persons entitled thereto, his agent, or attorney of record, to pay over all money by him received, in his official capacity, for the use of such person, every such clerk may be amerced; and the proceedings against him and his sureties shall be the same as provided for in section 25-1545 against sheriffs and their sureties.
§ 25-1546.Clerk of court; amercement; causes; procedure.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section extends amercement to a court clerk who neglects or refuses, on proper demand, to pay over money the clerk collected in an official capacity for someone entitled to it, using the same procedure that applies to sheriffs under section 25-1545.
Full Text of § 25-1546
Source
R.S.1867, Code § 514, p. 482; R.S.1913, § 8093; C.S.1922, § 9029; C.S.1929, § 20-1547; R.S.1943, § 25-1546.
Plain-English Summary
Clerks of court, like sheriffs, sometimes hold money in an official capacity — payments received on a judgment, deposits, or similar funds owed to a party. Section 25-1546 makes a clerk who refuses or neglects to pay that money over, after a proper demand by the person entitled to it, subject to amercement just as a sheriff would be under section 25-1545.
The proceedings against the clerk, and against the clerk’s sureties, follow the same path laid out for sheriffs: a motion in court, notice to the clerk, and a penalty amounting to the withheld sum with the additions the statute allows.
Frequently Asked Questions
Can a Nebraska court clerk be amerced the same way a sheriff can?
Yes. Section 25-1546 subjects a clerk who neglects or refuses to pay over money held in an official capacity to the same amercement procedure that applies to sheriffs.
What triggers amercement of a clerk under this section?
Neglecting or refusing, after a demand by the person entitled to it, to pay over money the clerk received in his or her official capacity.
What procedure is used to amerce a clerk?
The same procedure that section 25-1545 sets out for sheriffs — a motion in court with the required notice.
Who can demand that the clerk pay over the money?
The person entitled to the money, or that person’s agent or attorney of record.
Does this section reach the clerk’s sureties as well as the clerk personally?
Yes. The statute states that proceedings against the clerk and the clerk’s sureties follow the same course provided for sheriffs and their sureties.
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: clerk of court amercement nebraskacourt clerk withholding funds penalty nebraskanebraska clerk failure to pay over moneyamerce a court clerk nebraskaclerk liable for withheld funds nebraska