No sheriff shall forward by mail any money made on any such execution, unless he shall be specially instructed to do it by the plaintiff, his agent or attorney of record. In all cases of a motion to amerce a sheriff or other officer of any county other than the one from which the execution issued, notice in writing shall be given to such officer, as hereinbefore required, by leaving it with him, or at his office, at least fifteen days before the first day of the term at which such motion shall be made, or by transmitting the notice by mail at least sixty days prior to the first day of the term at which such motion shall be made. All amercements, so procured, shall be entered on the record of the court, and shall have the same force and effect as a judgment.
§ 25-1549.Amercement; motion; notice; effect of entry; transmission of money.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceA sheriff may not mail money collected on an execution without specific instructions to do so, and a motion to amerce an out-of-county officer requires written notice delivered at least fifteen days, or mailed at least sixty days, before the relevant court term.
Full Text of § 25-1549
Source
R.S.1867, Code § 517, p. 483; R.S.1913, § 8096; C.S.1922, § 9032; C.S.1929, § 20-1550; R.S.1943, § 25-1549.
Plain-English Summary
Section 25-1549 bundles two related rules. The first protects money in transit: a sheriff may not forward by mail any money collected on an execution unless the plaintiff, the plaintiff’s agent, or the plaintiff’s attorney of record specially instructs the sheriff to do so. Without that instruction, the money stays in the sheriff’s hands to be paid over directly rather than risked in the mail.
The second rule sets stricter notice requirements for amercement motions aimed at an officer from a county other than the one where the execution issued, since that officer may be some distance away. Written notice must reach the officer either by personal delivery — leaving it with the officer or at the officer’s office — at least fifteen days before the first day of the relevant court term, or by mail at least sixty days before that first day.
Once an amercement is procured through this process, it is entered on the record of the court and carries the same force and effect as a judgment, meaning it can be enforced like any other money judgment, including through further execution.
Frequently Asked Questions
Can a Nebraska sheriff mail me money he collected on my judgment without asking first?
No, not unless the plaintiff, the plaintiff’s agent, or the plaintiff’s attorney of record specially instructs the sheriff to forward the money by mail.
What notice is required to amerce a sheriff from a different county?
Written notice delivered to the officer personally, or left at the officer’s office, at least fifteen days before the relevant court term, or mailed at least sixty days before that term.
Why does mail notice require more lead time than personal delivery?
The longer mail window accounts for the time a letter needs to reach an officer in another county and for that officer to prepare a response before the court term begins.
Does an amercement need a separate lawsuit to be enforced once it’s entered?
No. Once entered on the court record, an amercement has the same force and effect as a judgment and can be enforced accordingly.
What happens once an amercement is entered on the record?
It stands as a judgment against the officer, enforceable the same way any other judgment would be, including through execution.
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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