§ 25-1577.Discovery of property of debtor; disobedience of order of court; penalty.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 2017 · Last verified July 22, 2026
In one sentenceSection 25-1577 lets a judge punish a person, party, or witness who disobeys a lawful order issued in a debtor’s-examination proceeding as contempt of court, though a 2017 amendment bars jailing a judgment debtor over that disobedience unless a hearing first produces a finding of willful contempt.
Full Text of § 25-1577
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(1) Except as provided in subsection (2) of this section, if any person, party, or witness disobeys an order of the judge or referee, duly served, such person, party, or witness may be punished by the judge as for contempt, and if a party, he or she shall be committed to the jail of the county wherein the proceedings are pending until he or she complies with such order; or, in case he or she has, since the service of such order upon him or her, rendered it impossible for him or her to comply therewith, until he or she has restored to the opposite party what such party has lost by such disobedience, or until discharged by due course of law.
(2) No imprisonment related to the debt collection process shall be allowed unless, after a hearing, a judgment debtor is found to be in willful contempt of court. A judgment debtor shall not be committed to jail for failing to appear pursuant to section 25-1565 unless, after service of an order to appear and show cause as to why the judgment debtor should not be found in contempt for failing to appear, the judgment debtor is found to be in willful contempt.
Section 25-1577 gives teeth to the orders a judge or referee issues under the debtor-examination statutes. Subsection (1) lets the judge treat disobedience of a duly served order as contempt of court, whether the person disobeying is a party, a witness, or anyone else covered by the order. A party who disobeys can be committed to the county jail until complying, or, if compliance is no longer possible because of what the disobedience already caused, until the party has restored what the opposing side lost, or until discharged by due course of law.
Subsection (2), added by the Legislature in 2017 through LB259, narrows that power for judgment debtors. No imprisonment tied to the debt-collection process is allowed unless, after a hearing, the court finds the debtor in willful contempt. And a debtor cannot be jailed for failing to appear under section 25-1565 alone; the court must first serve an order to appear and show cause why the debtor should not be held in contempt for that failure, hold a hearing, and find willful contempt before committing the debtor to jail.
Read together, the two subsections preserve the court’s contempt power over the debtor-examination process while adding a due-process check aimed at one specific concern: a debtor being jailed over an unpaid debt without first getting a hearing and a finding that the failure to comply was willful.
Frequently Asked Questions
Can a judge jail a debtor for missing a debtor-examination hearing?
Not automatically. The debtor must first be served with an order to appear and show cause, get a hearing, and be found in willful contempt before being committed to jail for failing to appear under section 25-1565.
What is the difference between subsections (1) and (2)?
Subsection (1) sets out the general contempt power over anyone who disobeys an order in the proceeding. Subsection (2), added in 2017, specifically limits imprisonment tied to debt collection, requiring a hearing and a willful-contempt finding first.
Who besides the debtor can be held in contempt under this section?
Any person, party, or witness who disobeys a duly served order of the judge or referee in the proceeding.
How does a debtor get out of jail after being committed for contempt?
By complying with the order, by restoring what the opposing party lost because of the disobedience if compliance is no longer possible, or by discharge through due course of law.
When did the willful-contempt hearing requirement take effect, and why?
The Legislature added it in 2017 through LB259, building a hearing and a willfulness finding into the process before a judgment debtor can be jailed over the debt-collection proceeding.
Does this section apply beyond the debtor-examination process itself?
The section is tied to disobedience of orders issued under sections 25-1564 to 25-1580, the statutes governing discovery of a debtor’s property.
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:debtor examination contempt nebraskajail for missing debtor examLB259 debtor imprisonment reformwillful contempt hearing judgment debtordebtors prison protection nebraska