§ 25-1705.Security for costs; judgment against surety upon motion; satisfaction.
Article 17: Costs · Last amended 2001 · Last verified July 22, 2026
In one sentenceThis section lets anyone owed unpaid court costs move, on ten days’ notice, for judgment against the surety who posted security for costs after final judgment, or for direct payment from a cash bond, with any leftover cash returned to whoever posted it.
Full Text of § 25-1705
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After final judgment has been rendered in an action in which security for costs has been given, as required by this chapter, the court, on motion of any person having a right to such costs, or any part thereof, after ten days' notice of such motion, may enter judgment against the surety for the amount of the costs or so much thereof as may be unpaid. Executions may be issued on such judgment, as in other cases, for the use and benefit of the persons entitled to such costs. In the event that a cash bond has been given, the court shall, on motion of any person having a right to such costs, or any part thereof, after ten days' notice of such motion, enter judgment for the amount of costs or so much thereof as may be
unpaid, and shall proceed to pay the same from the cash bond; and any surplus remaining after such costs have been paid and satisfied shall be returned to the party who posted the cash bond.
Nebraska law elsewhere can require a party to post security guaranteeing payment of court costs if that party ends up owing them. Section 25-1705 addresses what happens once a case ends and those costs remain unpaid. After final judgment, anyone entitled to costs can move the court, on ten days’ notice, for judgment against the surety who backed that security, for the amount of costs still owed.
Once judgment against the surety is entered, it can be enforced the same way as any other judgment — execution can issue to collect it for the benefit of whoever is owed the costs.
Cash bonds work a little differently. If the security took the form of a cash bond instead of a surety’s promise, the person owed costs still has to move the court, on the same ten days’ notice, but the court pays the unpaid costs directly out of the cash bond rather than entering judgment against a third party. Whatever is left over after the costs are paid goes back to whoever posted the bond.
Frequently Asked Questions
What is “security for costs” in a Nebraska lawsuit?
A guarantee, often posted by a surety or a cash bond, that costs will be paid if the party required to post it ends up owing them.
How does a person owed costs collect against a surety after judgment?
By moving the court, on ten days’ notice, for judgment against the surety for the unpaid amount.
What notice is required before that motion?
Ten days’ notice of the motion.
What happens if a cash bond was posted instead of a surety?
The court pays the unpaid costs directly from the cash bond after a motion on the same notice.
Does the person who posted a cash bond get any money back?
Yes. Any surplus remaining after the costs are paid and satisfied is returned to whoever posted the bond.
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
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