At any time after the entry of judgment against the judgment debtor, or one of several debtors in the same action, the judgment creditor is entitled to an order from the county court or the district court of the county (1) in which the debtor resides, (2) if the debtor does not reside in the state, where judgment was rendered, or (3) in which a transcript of judgment has been filed, requiring the debtor to appear and answer concerning his or her property before the judge of such court or a referee appointed by the judge of such court at a time and place specified in the order within the county to which the order was issued.
§ 25-1565.Discovery of property of debtor; order to appear and answer.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 2004 · Last verified July 22, 2026
In one sentenceThis section lets a judgment creditor obtain a court order requiring the judgment debtor to appear and answer questions about property, before the judge or an appointed referee, in the county court or district court where the debtor resides, where judgment was entered, or where a transcript of judgment has been filed.
Full Text of § 25-1565
Source
R.S.1867, Code § 533, p. 487; R.S.1913, § 8112; C.S.1922, § 9048; C.S.1929, § 20-1566; R.S.1943, § 25-1565; Laws 1972, LB 1032, § 134; Laws 1992, LB 1059, § 11; Laws 2004, LB 1207, § 7.
Plain-English Summary
Once a creditor has a judgment, the next challenge is often finding out what the debtor owns. Section 25-1565 supplies the starting tool for that search, commonly called a debtor’s examination. At any time after judgment is entered against the debtor, or against one of several debtors named in the same action, the judgment creditor can obtain an order from the appropriate county or district court requiring the debtor to appear and answer questions about property.
The statute identifies three courts that can issue the order, depending on the circumstances: the court in the county where the debtor resides; if the debtor does not live in Nebraska, the court where the judgment was rendered; or the court in the county where a transcript of the judgment has been filed. That flexibility matters because a debtor may live far from where the original judgment was entered, or may have no Nebraska residence at all.
The examination itself takes place before the judge of the issuing court, or before a referee the judge appoints, at a time and place the order specifies, within the county to which the order was issued. This procedure is distinct from pretrial discovery in an ongoing lawsuit. It happens after judgment, and its purpose is narrow: to find assets that can be applied to satisfy the debt the debtor already owes.
Frequently Asked Questions
What is a debtor’s examination under section 25-1565?
A court proceeding, held after judgment, in which the judgment debtor must appear and answer questions about property before the judge or a referee the judge appoints.
When can a judgment creditor request this order?
At any time after entry of judgment against the debtor, or against one of several debtors named in the same action.
Which court issues the order to appear?
The county court or district court in the county where the debtor resides; if the debtor does not reside in Nebraska, the court where judgment was rendered; or the court in the county where a transcript of the judgment has been filed.
Is this the same as discovery before trial?
No. Pretrial discovery happens before judgment and covers the merits of the case. A debtor’s examination under this section happens after judgment and focuses only on identifying property to satisfy the debt.
Who conducts the examination?
The judge of the issuing court, or a referee the judge appoints, at the time and place specified in the order, within the county to which the order was issued.
What happens if the debtor does not comply with the order to appear?
Section 25-1566 allows a judge to issue a warrant for the debtor’s arrest instead of, or in response to noncompliance with, the order to appear, when there is a danger the debtor will leave the state or hide to avoid examination.
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: judgment debtor examination nebraskaorder to appear and answer nebraskapost judgment discovery nebraskadebtor examination procedurefinding debtor assets after judgment