The judge shall allow to sheriffs, referees, receivers, and witnesses such compensation as is allowed for like service in other cases, to be taxed as costs in the case, and shall enforce by order the collection thereof from such party or parties as ought to pay the same.
§ 25-1579.Discovery of property of debtor; proceedings; fees; taxation as costs.
Article 15: Execution, Exemptions, and Foreign Judgments · Last amended 1959 · Last verified July 22, 2026
In one sentenceSection 25-1579 lets the judge award sheriffs, referees, receivers, and witnesses the same compensation allowed for comparable services in other cases, tax that compensation as costs in the debtor’s-examination proceeding, and order its collection from whichever party ought to pay it.
Full Text of § 25-1579
Source
R.S.1867, Code § 548, p. 489; R.S.1913, § 8127; C.S.1922, § 9063; C.S.1929, § 20-1581; R.S.1943, § 25-1579; Laws 1959, c. 140, § 2, p. 546.
Plain-English Summary
Debtor examinations often involve more than just the judge and the debtor. Sheriffs may need to serve orders, a referee may be appointed under section 25-1576, a receiver may be brought in to hold property, and witnesses may be called to testify. Section 25-1579 sets how those people get paid: the judge allows them the same compensation they would receive for like service in other kinds of cases.
That compensation is not billed separately to the creditor as a cost of doing business; it is taxed as costs in the proceeding itself, and the judge enforces its collection by order against whichever party ought to pay it. The section works alongside section 25-1580, which sets a separate flat fee for the county judge’s own services in these proceedings.
Frequently Asked Questions
Who gets paid for participating in a debtor examination under this section?
Sheriffs, referees, receivers, and witnesses involved in the proceeding.
How is the amount of their compensation set?
At whatever rate is allowed for like service in other kinds of cases, rather than a special rate unique to debtor examinations.
Who ultimately pays these fees?
The judge taxes them as costs in the case and enforces collection by order against the party or parties who ought to pay them.
Can the judge force payment if the responsible party does not pay voluntarily?
Yes. The statute lets the judge enforce collection of the taxed costs by order.
Does this section set the county judge’s own fee for handling the proceeding?
No. That fee is addressed separately in section 25-1580.
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: referee fees debtor examination nebraskawitness compensation creditor discoverycosts of debtor discovery proceedingsheriff fees judgment debtor exam