The surety in every undertaking, bond and recognizance, provided by this code, must be a resident of this state and must have property, liable to execution, situate in the county in this state in which such undertaking, bond or recognizance is to be given and filed, worth at least double the sum to be secured, beyond the amount of all liens and encumbrances thereon and his exemptions therein; but this provision shall not be held to apply to incorporated surety companies authorized by the laws of this state to transact business. Except in the case of incorporated surety companies, where there are two or more sureties in the same undertaking, bond or recognizance, they must, in the aggregate, have the qualifications prescribed in this section.
§ 25-2223.Sureties; justification; requirements.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 1923 · Last verified July 22, 2026
In one sentenceSets the financial and residency bar a surety must clear before backing an undertaking, bond, or recognizance under the code — Nebraska residency, property in the county worth double the amount secured, and an exemption for licensed surety companies.
Full Text of § 25-2223
Source
R.S.1867, Code § 898, p. 549; Laws 1897, c. 96, § 1, p. 379; R.S.1913, § 8572; C.S.1922, § 9523; Laws 1923, c. 112, § 2, p. 270; C.S.1929, § 20-2224; R.S.1943, § 25-2223.
Plain-English Summary
Every bond, undertaking, and recognizance the code authorizes needs someone standing behind it who can pay if things go wrong. Section 25-2223 sets that bar. An individual surety must live in Nebraska and own property in the county where the bond is filed — property that could be reached by execution — worth at least double the amount secured, after subtracting liens, mortgages, and whatever the owner could otherwise shield through exemptions.
Licensed surety companies skip this test. A company authorized under Nebraska law to write surety bonds does not have to show local property ownership or clear the double-the-amount threshold; its license already vouches for its ability to pay.
When a bond names two or more individual sureties rather than a bonding company, the section lets them pool their qualifications. Neither surety has to independently clear the double-the-sum line so long as their combined property, after debts and exemptions, meets it.
Frequently Asked Questions
Who counts as a qualified surety under Nebraska law?
A Nebraska resident with property in the county worth at least double the secured amount beyond liens and exemptions, or a surety company licensed to write bonds in the state.
Can two people combine their property to qualify as co-sureties?
Yes. Where two or more individual sureties sign the same bond, their combined property counts toward the double-the-sum requirement, so neither has to meet it alone.
Does a bonding company have to own property in the county to qualify?
No. A surety company authorized to transact business in Nebraska is exempt from the residency and property tests this section applies to individuals.
What happens if a surety’s property is already mortgaged?
Only the value beyond liens and encumbrances — and beyond the owner’s exemptions — counts toward the required double-the-sum threshold.
Why does Nebraska require a surety to live in the state?
So the surety’s property sits within reach of Nebraska courts and collection process in the county where the bond is filed, giving the guarantee real force.
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: nebraska surety requirementsqualifying as a bond suretybond property requirement nebraskasurety company exemptionco-surety qualificationundertaking bond nebraska law