In cases where a sheriff or other officer may be amerced, and shall not have collected the amount of the original judgment, he shall be permitted to sue out an execution, and collect the amount of said judgment in the name of the original plaintiff, for his own use.
§ 25-1551.Amercement; execution on original judgment; rights of officer.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceAn officer who has been amerced without ever having collected the full amount of the original judgment may sue out an execution on that judgment in the original plaintiff’s name, keeping whatever is recovered for the officer’s own use.
Full Text of § 25-1551
Source
R.S.1867, Code § 519, p. 483; R.S.1913, § 8098; C.S.1922, § 9034; C.S.1929, § 20-1552; R.S.1943, § 25-1551.
Plain-English Summary
Amercement compensates a plaintiff or defendant for an officer’s failure, but it does not necessarily mean the underlying debt was ever collected. Section 25-1551 gives an amerced officer a way to recover that loss. If the officer was amerced and had not collected the amount of the original judgment, the officer may sue out an execution and collect that judgment amount — in the name of the original plaintiff, since the officer is not a party to the underlying case, but for the officer’s own benefit.
The logic follows from the amercement itself: once the officer has paid the plaintiff or defendant the amercement penalty, the officer has effectively stood in for the debtor’s obligation. Pursuing the original judgment lets the officer recoup that payment from the debtor who owed the money in the first place.
Frequently Asked Questions
If a sheriff is amerced for failing to collect a judgment, can he later go after the debtor himself?
Yes. Section 25-1551 lets an amerced officer sue out an execution on the original judgment if the officer had not collected the full amount owed.
Whose name does that execution run in?
The original plaintiff’s name, even though the officer, not the plaintiff, is the one pursuing it after paying the amercement.
Who keeps the money if the officer later succeeds in collecting the debt?
The officer. The statute states the execution is for the officer’s own use.
Why would an officer bother chasing a debt after already paying the amercement penalty?
Because the amercement penalty came out of the officer’s own pocket. Pursuing the original judgment gives the officer a way to recover that loss from the debtor who owed the money in the first place.
Does this section apply if the officer already collected the debt in full?
No. It applies specifically where the officer, though amerced, had not collected the amount of the original judgment.
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: amerced sheriff recovering a debt nebraskaofficer execution after amercement nebraskasheriff reimbursement after amercement nebraskaexecution in plaintiff’s name by officernebraska amercement recoupment rule