If the sheriff shall be appointed receiver, he and his sureties shall be liable on his official bond for the faithful discharge of his duties as such receiver; if any other person shall be appointed receiver, he shall give a written undertaking, in such sum as shall be prescribed by the judge, with one or more sureties, to the effect that he will faithfully discharge his duties of receiver, and he shall also take an oath to the same effect before acting as such receiver. The undertaking mentioned in this section shall be to the State of Nebraska, and actions may be prosecuted for a breach thereof, by any person interested, in the same manner as upon a sheriff's official bond.
§ 25-1574.Discovery of property of debtor; receiver; liability of officer and sureties; undertaking; oath.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section makes a sheriff appointed receiver liable, along with sureties, on the sheriff’s official bond, and requires any other person appointed receiver to post a written undertaking with sureties and take an oath, with the undertaking running to the State of Nebraska and enforceable by any interested person.
Full Text of § 25-1574
Source
R.S.1867, Code § 543, p. 489; R.S.1913, § 8122; C.S.1922, § 9058; C.S.1929, § 20-1576; R.S.1943, § 25-1574.
Plain-English Summary
Section 25-1574 fills in the accountability piece for a receivership created under section 25-1573. If the sheriff is appointed receiver, the sheriff and the sheriff’s sureties are liable on the sheriff’s official bond for faithfully discharging the receiver’s duties, folding the receivership responsibility into the same bond that already covers the sheriff’s official conduct.
If someone other than the sheriff is appointed receiver, that person must give a written undertaking, in an amount the judge prescribes, backed by one or more sureties, promising faithful discharge of the receiver’s duties. That person must also take an oath to the same effect before beginning to act as receiver.
The undertaking described in this section runs to the State of Nebraska, and any person with an interest can bring an action for its breach, using the same procedure available for suing on a sheriff’s official bond. That structure gives the judgment creditor, the judgment debtor, or anyone else harmed by a receiver’s misconduct a clear path to hold the receiver and the sureties accountable.
Frequently Asked Questions
What happens if the sheriff is appointed receiver and mishandles the property?
The sheriff and the sheriff’s sureties are liable on the sheriff’s official bond for faithfully discharging the receiver’s duties.
What is required if someone other than the sheriff is appointed receiver?
That person must give a written undertaking, with one or more sureties, in an amount the judge sets, and must take an oath to faithfully discharge the receiver’s duties before acting.
Who does the receiver’s undertaking run to?
The State of Nebraska.
Who can sue on the receiver’s undertaking if it is breached?
Any person interested, using the same procedure available for an action on a sheriff’s official bond.
Does the receiver have to act before or after posting the undertaking and taking the oath?
After. The statute requires the written undertaking with sureties and the oath before the person may act as receiver.
Why does the law require sureties in addition to the receiver’s own promise?
Sureties give the undertaking financial backing, so that if the receiver breaches the duty of faithful discharge, an interested person has a source of recovery beyond the receiver alone.
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 bond requirement nebraskasheriff liable as receiver official bondundertaking and oath for receiver nebraskasuing receiver for breach of dutysureties for court appointed receiver