It shall be the duty of every sheriff to make due return of all legal process to him or her directed and by him or her delivered or served by certified or registered mail, at the proper office and on the proper return day thereof, or if the judgment is recorded in the district court, appealed, or stayed, upon which he or she has an execution, on notice thereof, to return the execution, stating thereon such facts.
§ 25-2234.Sheriff; return of process.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 2018 · Last verified July 22, 2026
In one sentenceRequires a Nebraska sheriff to make a due return of every process served or delivered, at the correct office and by the correct deadline, and to note on an execution return whether the underlying judgment was recorded, appealed, or stayed.
Full Text of § 25-2234
Source
Laws 1929, c. 82, art. XV, § 173, p. 324; C.S.1929, § 22-1503; Laws 1933, c. 44, § 4, p. 253; C.S.Supp.,1941, § 22-1503; R.S.1943, § 26-1,174; R.S.1943, (1979), § 26-1,174; Laws 1987, LB 93, § 7; R.S.Supp.,1988, § 24-597; Laws 1992, LB 1059, § 18; Laws 2018, LB193, § 41.
Plain-English Summary
Serving process is only half the job. Section 25-2234 requires the sheriff to make due return of all legal process — whether served personally or by certified or registered mail — at the proper office and by the proper return day. The return closes the loop, telling the court and the parties what happened with the process it issued.
Executions get an added wrinkle. If the sheriff holds an execution on a judgment that has since been recorded in district court, appealed, or stayed, and receives notice of that fact, the sheriff must return the execution and state those facts on the return itself.
Frequently Asked Questions
What is a sheriff’s “return” of process?
A report to the court or clerk stating the outcome of serving or executing process, filed at the proper office by the proper deadline.
Does mailing process by certified or registered mail change the return duty?
No. The sheriff still must make due return regardless of whether process was served in person or by certified or registered mail.
What must a sheriff note if a judgment underlying an execution is appealed or stayed?
The sheriff must return the execution and state on the return that the judgment was recorded, appealed, or stayed.
What happens if a sheriff fails to return process on time?
Section 25-2239 sets a penalty for failing to make a return.
Where does the sheriff’s return get filed?
At the proper office, by the proper return day set for the process involved.
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: sheriff return of process nebraskadue return deadline for sheriffexecution stayed or appealed returnsheriff return by certified mail service