The officer shall, within ten days after receiving the writ, execute the same by restoring the plaintiff to the possession of the premises, and shall levy and collect the costs, and make return as upon other executions. If the officer shall receive a notice from the court that the proceedings have been stayed by an allowance of a writ of error, he shall immediately delay all further proceedings upon the execution; and if the premises have been restored to the plaintiff, he shall immediately place the defendant in the possession thereof, and return the writ, with his proceedings and costs taxed thereon.
§ 25-21,231.Forcible entry and detainer; writ of execution; service; writ of error stays proceedings.
Article 21: Special Proceedings and Actions · Last amended 1972 · Last verified July 22, 2026
In one sentenceThe officer holding a restitution writ has ten days to restore the landlord to possession and collect costs, but on notice that a writ of error has stayed the proceedings, the officer must halt further steps and, if the tenant had already been removed, put the tenant back into possession before returning the writ.
Full Text of § 25-21,231
Source
Laws 1929, c. 82, § 130, p. 312; C.S.1929, § 22-1214; R.S.1943, § 26-1,131; Laws 1972, LB 1032, § 81; R.S.1943, (1985), § 24-581.
Plain-English Summary
Section 25-21,231 sets a deadline and an emergency brake for the writ described in section 25-21,230. The officer executing the writ has ten days from receiving it to restore the plaintiff to possession of the premises, levy and collect the costs, and make a return just as with any other execution.
That process can stop mid-course. If the officer receives notice from the court that a writ of error has stayed the proceedings, the officer must immediately delay any further steps under the execution. If the premises had already been restored to the plaintiff by that point, the officer must immediately place the defendant back into possession, then return the writ along with an accounting of the proceedings taken and costs taxed.
This gives an appealing party real protection: even after the landlord has been put back into possession, a timely stay can undo that step rather than leaving the tenant locked out while the appeal proceeds.
Frequently Asked Questions
How long does the officer have to execute the eviction writ?
Ten days after receiving it, restoring the plaintiff to possession, collecting costs, and making a return as with other executions.
What happens if a writ of error stays the case?
The officer must immediately delay all further proceedings on the execution once notice of the stay is received from the court.
What if the tenant was already removed before the stay notice arrives?
The officer must immediately place the defendant back into possession of the premises.
What must the officer file after acting on the writ?
A return showing the officer’s proceedings and the costs taxed on the writ.
Does this section cover both restoring possession and collecting costs?
Yes. The ten-day deadline and the stay procedure both apply to restoring possession and to levying and collecting the costs.
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: eviction writ execution deadline nebraskastay of eviction by writ of errorofficer delays eviction after appealrestoring a tenant after a stayed evictionnebraska eviction writ ten day deadline