Instead of the order requiring the attendance of the judgment debtor, as provided in section 25-1565, the judge may, upon proof to his satisfaction by affidavit of the party or otherwise, that there is danger of the debtor leaving the state or concealing himself to avoid the examination herein mentioned, issue a warrant, requiring the sheriff to arrest him and bring him before such judge within the county in which the debtor may be arrested. Such warrant can be issued only by a county judge or a judge of the district court of the county in which such debtor resides or may be arrested. Upon being brought before the judge, he shall be examined on oath, and other witnesses may be examined on either side, and if on such examination it appears that there is danger of the debtor leaving the state, and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking, in such sum as the judge may prescribe, with one or more sureties, that he will from time to time attend for examination before the judge or referee as shall be directed. In default of entering into such undertaking, he may be committed to the jail of the county by warrant of the judge, as for a contempt.
§ 25-1566.Discovery of property of debtor; warrant for arrest; examination; undertaking; punishment for contempt.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a judge issue a warrant for a debtor’s arrest, instead of an order to appear, when there is proof the debtor may flee Nebraska or hide to dodge a post-judgment property examination, with an undertaking or contempt commitment available if property is found unjustly withheld.
Full Text of § 25-1566
Source
R.S.1867, Code § 535, p. 487; R.S.1913, § 8114; C.S.1922, § 9050; C.S.1929, § 20-1568; R.S.1943, § 25-1566.
Plain-English Summary
Section 25-1566 gives a judge a stronger tool than the ordinary order to appear described in section 25-1565. If proof by affidavit or otherwise satisfies the judge that the debtor may leave Nebraska or hide to avoid the property examination, the judge can issue a warrant instead, directing the sheriff to arrest the debtor and bring the debtor before the judge within the county of arrest. Only a county judge, or a district judge in the county where the debtor resides or is arrested, can issue this warrant.
Once arrested and brought before the judge, the debtor is examined under oath, and other witnesses may testify on either side. If that examination shows a danger the debtor will leave the state, and that the debtor has property unjustly withheld from the judgment, the judge can order the debtor to post an undertaking, with one or more sureties, promising to appear for examination whenever directed. A debtor who fails to post that undertaking can be committed to the county jail, treated the same as a contempt of court.
This is a serious escalation from the ordinary appear-and-answer order. It exists for the narrow situation where a creditor has real evidence, not mere suspicion, that a debtor is about to disappear with assets that should go toward the judgment. The requirement of proof by affidavit, the limits on which judges can issue the warrant, and the contempt-style consequence for skipping the undertaking all reflect the seriousness of using arrest to compel a civil examination.
Frequently Asked Questions
When can a judge issue an arrest warrant instead of an order to appear?
When proof by affidavit or otherwise satisfies the judge that there is danger the debtor will leave Nebraska or hide to avoid the property examination described in section 25-1565.
Which judges can issue this warrant?
Only a county judge, or a judge of the district court in the county where the debtor resides or where the debtor may be arrested.
What happens after the debtor is arrested?
The debtor is brought before the judge and examined under oath, and other witnesses may be examined on either side, to determine whether the debtor is a flight risk and has property unjustly withheld from the judgment.
What is the undertaking the judge can require?
A promise, backed by one or more sureties and in an amount the judge sets, that the debtor will attend future examinations before the judge or referee as directed.
What happens if the debtor refuses to post the undertaking?
The debtor can be committed to the county jail by the judge’s warrant, treated the same as a contempt of court.
Does the judge need proof of actual wrongdoing to order the undertaking or jail commitment?
Yes. The judge must find, based on the examination, both a danger the debtor will leave the state and that the debtor has property being unjustly withheld from application to the 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: arrest warrant judgment debtor nebraskadebtor flight risk examinationcontempt commitment debtor examinationundertaking to appear for examinationsheriff arrest debtor property hearing