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§ 25-1573.Discovery of property of debtor; appointment of receiver; transfer of nonexempt property; power of court to prevent.

Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026

In one sentenceThis section lets the judge appoint the sheriff or another suitable person as receiver of the judgment debtor’s property, and separately lets the judge forbid any transfer, disposition of, or interference with the debtor’s non-exempt property.

Full Text of § 25-1573

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The judge may also, by order, appoint the sheriff of the proper county, or other suitable person, a receiver of the property of the judgment debtor, in the same manner and with the like authority as if the appointment were made by the court. The judge may also, by order, forbid a transfer or other disposition of the property of the judgment debtor, not exempt by law, and any interference therewith.

Source

R.S.1867, Code § 542, p. 489; R.S.1913, § 8121; C.S.1922, § 9057; C.S.1929, § 20-1575; R.S.1943, § 25-1573.

Plain-English Summary

Section 25-1573 gives the judge two more tools once a debtor-property proceeding is underway. First, the judge can appoint the sheriff of the proper county, or another suitable person, as a receiver of the judgment debtor’s property, with the same authority a receiver appointed directly by the court would have. A receiver takes custody of property and manages or preserves it under the court’s supervision, which can be useful when property needs active oversight rather than a one-time order applying it to the judgment.

Second, and separately, the judge can forbid the debtor from transferring or otherwise disposing of non-exempt property, and can forbid any interference with that property. This freezing power protects the assets identified during the examination from disappearing before they can be applied to the judgment, whether through a sale, a gift, a transfer to a relative, or any other maneuver.

Frequently Asked Questions

Who can the judge appoint as receiver of the debtor’s property?

The sheriff of the proper county, or another suitable person, with the same authority as if the court itself had made the appointment.

What can the judge do to stop the debtor from moving assets during the proceeding?

Forbid a transfer or other disposition of the debtor’s non-exempt property, and forbid any interference with that property.

Are the receivership power and the transfer-prohibition power the same thing?

No. The statute treats them as two separate authorities: one appoints someone to take custody of property, the other bars the debtor from transferring or interfering with it.

Does this power to forbid transfers apply to exempt property?

No. The statute limits the prohibition to property of the judgment debtor that is not exempt by law.

What happens if a receiver is appointed and later mishandles the property?

Section 25-1574 addresses liability: the sheriff and sureties are liable on the sheriff’s official bond if the sheriff serves as receiver, and any other person appointed receiver must give a written undertaking with sureties and take an oath before acting.

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: receiver of judgment debtor property nebraskafreezing debtor assets during examinationsheriff appointed receiver nebraskaprohibiting transfer of nonexempt propertycourt order forbidding disposition of assets