§ 25-21,217.Judgment against state agency; liability of state.
Article 21: Special Proceedings and Actions · Last amended 2000 · Last verified July 22, 2026
Full Text of § 25-21,217
Source
Laws 1930, Spec. Sess., c. 8, § 2, p. 39; C.S.1929, § 20-2232; R.S.1943, § 24-335; R.S.1943, (1985), § 24-335; Laws 2000, LB 921, § 22.
Plain-English Summary
Section 25-21,217 backstops the bond exemption in section 25-21,216. Because the state, its officers, boards, commissions, department heads, agents, and employees do not have to post a bond for costs or damages when sued in an official capacity, an unpaid judgment could otherwise leave the winning party without a way to collect. This section closes that gap: if a judgment for costs or damages is rendered against one of those covered litigants, and the litigant fails, refuses, or neglects to pay it within three months after the date of entry, the State of Nebraska becomes liable for payment of the judgment.
The three-month window gives the covered officer, board, or department a chance to satisfy the judgment on its own before the state’s liability attaches. Once that window passes without payment, the obligation shifts to the state itself, so the party who won the judgment is not left holding an uncollectible award just because the underlying litigant went without a bond.
Frequently Asked Questions
What happens if a state officer or agency does not pay a judgment against it?
If the litigant fails, refuses, or neglects to pay a judgment for costs or damages within three months after entry, the State of Nebraska becomes liable for paying it.
Why does the state step in to pay this type of judgment?
Section 25-21,216 excuses these litigants from posting a bond, so this section makes the state responsible if the underlying litigant does not pay within three months, protecting the party who won the judgment.
Who counts as a covered litigant under this section?
The same officers, boards, commissions, department heads, agents, employees, and receivers described in section 25-21,216.
How long does the covered litigant have to pay before the state becomes liable?
Three months from the date of entry of the judgment.
Does this section apply to every type of judgment, or only costs and damages?
The section addresses a judgment for costs or damages rendered against a covered litigant.