After the issuing or return of an execution against property of the judgment debtor, or of any one of several debtors in the same judgment, and upon proof by affidavit or otherwise, to the satisfaction of the judge, that any person or corporation has property of such judgment debtor, or is indebted to him, the judge may, by an order, require such person or corporation, or any officer or member thereof, to appear at a specified time and place, within the county in which such person or corporation may be served with the order to answer, and answer concerning the same. The judge may also, in his discretion, require notice of such proceeding to be given to any party in the action, in such manner as may seem to him proper.
§ 25-1569.Debtors of judgment debtor; examination; notice.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a judge order a person or corporation believed to hold property of, or owe a debt to, the judgment debtor to appear and answer about it, after execution has issued or been returned, with discretion to require notice to the parties.
Full Text of § 25-1569
Source
R.S.1867, Code § 538, p. 488; R.S.1913, § 8117; C.S.1922, § 9053; C.S.1929, § 20-1571; R.S.1943, § 25-1569.
Plain-English Summary
Section 25-1569 extends the debtor-examination procedure to third parties. After execution against the judgment debtor’s property has issued or been returned, and upon proof by affidavit or otherwise satisfying the judge that some person or corporation holds property of the debtor, or owes the debtor a debt, the judge can order that person or corporation, or one of its officers or members, to appear at a specified time and place within the county where served, and answer concerning that property or debt.
This complements section 25-1568’s voluntary payment option. Where a third party does not come forward on their own, this section gives the judgment creditor a way to compel an answer about what the third party holds or owes. The judge also has discretion to require notice of the proceeding to any party in the action, in whatever manner seems proper, which allows the debtor a chance to be heard on the question of the third party’s obligation.
Frequently Asked Questions
When can a judge order a third party to appear under section 25-1569?
After execution against the judgment debtor’s property has issued or been returned, and upon proof satisfying the judge that the third party holds property of, or owes a debt to, the judgment debtor.
Who can be ordered to appear?
Any person or corporation believed to hold the debtor’s property or owe the debtor money, or an officer or member of that corporation.
Where does the third party have to appear?
At a specified time and place within the county in which the person or corporation is served with the order.
Does the judgment debtor get notice of this proceeding?
The judge has discretion to require notice to any party in the action, in whatever manner the judge finds appropriate, but notice is not automatic under the statute’s text.
How is this different from the direct payment option in section 25-1568?
Section 25-1568 lets a third party pay the sheriff voluntarily. Section 25-1569 lets the judge compel a third party who has not come forward to appear and answer about property or debts owed to the judgment debtor.
What happens once the third party answers?
Section 25-1572 lets the judge order any non-exempt property found through this process, whether in the debtor’s hands or another person’s, applied toward satisfying 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: third party examination judgment debtor propertyorder to appear owing debt to debtorgarnishee examination nebraskadiscovering debtor assets held by othersnotice requirement third party examination