§ 25-1572.Discovery of property of debtor; disposition by judge.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1572
Source
R.S.1867, Code § 541, p. 489; R.S.1913, § 8120; C.S.1922, § 9056; C.S.1929, § 20-1574; R.S.1943, § 25-1572.
Plain-English Summary
Section 25-1572 is the payoff step in the debtor-discovery process. Once an examination under the preceding sections has turned up property or debts belonging to the judgment debtor, the judge can order that property applied toward satisfying the judgment. The statute reaches property in the debtor’s own hands, property held by any other person or corporation, and money or debts owed to the debtor, so the source of the asset does not limit the judge’s authority to direct it toward the judgment.
The one boundary built into the statute is exemption law. The judge can only order property "not exempt by law" applied to the judgment. Property protected by an exemption, such as the pension and retirement protections in sections 25-1559 and 25-1563.01, or other exemptions available under Nebraska law, remains off-limits even after it surfaces during a debtor examination.
Frequently Asked Questions
What can the judge do once a debtor examination reveals property or debts owed to the debtor?
Order that property, or the debt owed, applied toward satisfying the judgment, whether the property is in the debtor’s hands or held by someone else.
Does this section let a judge reach property protected by an exemption?
No. The statute limits the judge’s order to property "not exempt by law," so exempt property remains protected even after it is disclosed during the examination.
Can the judge order property held by a third party applied to the judgment, or only property the debtor personally possesses?
Both. The statute covers property in the hands of the debtor or of any other person or corporation, as well as money due to the debtor.
Is a separate lawsuit needed to collect property identified this way?
No. Section 25-1572 lets the judge order the property applied directly, as part of the same proceeding that uncovered it, rather than requiring a new lawsuit.
What exemptions might protect property from this order?
Exemptions such as the disabled veteran’s pension exemption in section 25-1559 and the retirement-plan and structured-settlement exemptions in sections 25-1563.01 and 25-1563.02, along with any other exemption Nebraska law provides.