When the cause of amercement is for refusing to pay over money collected as aforesaid, the said sheriff or other officer shall not be amerced in a greater sum than the amount so withheld, with ten percent thereon.
§ 25-1547.Amercement; amount; limit.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen the ground for amercement is refusing to pay over money already collected, this section caps the penalty at the amount withheld plus ten percent, rather than the full debt, damages, and costs that could apply under section 25-1545.
Full Text of § 25-1547
Source
R.S.1867, Code § 515, p. 482; R.S.1913, § 8094; C.S.1922, § 9030; C.S.1929, § 20-1548; R.S.1943, § 25-1547.
Plain-English Summary
Section 25-1545 generally sets an amercement at the amount of the debt, damages, and costs plus ten percent. Section 25-1547 narrows that in one specific situation: when the officer’s failure is refusing to pay over money already collected — not a broader failure to execute the writ at all — the amercement cannot exceed the amount withheld, plus ten percent.
The distinction matters. An officer who has already collected most or all of the money owed, and failed only to hand it over, faces a penalty tied to what was withheld. An officer who never collected anything faces the larger exposure described in section 25-1545.
Frequently Asked Questions
Is there a cap on how much a Nebraska officer can be amerced?
Yes, in one situation: when the amercement is for refusing to pay over money already collected, section 25-1547 limits the penalty to that amount plus ten percent.
Does this cap apply to every type of amercement, or just withheld money?
Just withheld money. Amercements for other failures, such as never executing the writ at all, fall under the broader debt-damages-and-costs measure in section 25-1545.
Why is the amercement limited in this particular situation?
Because the officer already collected the money in question, the penalty is tied to the specific amount withheld rather than the full underlying judgment, which could otherwise be far larger.
How is the ten percent penalty calculated under this section?
As ten percent of the amount the officer withheld, added to that withheld amount, for a total exposure capped at the sum of the two.
What if the officer withheld only part of the money collected?
The cap follows the amount withheld — the officer is not amerced beyond that withheld sum plus ten percent.
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: amercement amount limit nebraskacap on sheriff penalty nebraskaten percent amercement penalty nebraskamaximum fine for withheld execution moneynebraska amercement cap statute