Sheriffs shall pay over to the party entitled thereto all money received in his or her official capacity if demand is made by such party, or such party's agent or attorney, at any time before he or she returns the writ upon which he or she has received it. If not paid over by that time, the sheriff shall pay the same to the clerk of the county court when he or she returns the writ.
§ 25-2238.Sheriffs; money collected; accounting and payment.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 1992 · Last verified July 22, 2026
In one sentenceRequires a Nebraska sheriff to pay collected money over to the party entitled to it on demand before the writ is returned, and, if not paid by then, to pay it to the county court clerk when the writ is returned.
Full Text of § 25-2238
Source
Laws 1929, c. 82, art. XV, § 179, p. 325; C.S.1929, § 22-1509; R.S.1943, § 26-1,180; R.S.1943, (1979), § 26-1,180; Laws 1984, LB 13, § 43; R.S.1943, (1985), § 24-5,103; Laws 1992, LB 1059, § 20.
Plain-English Summary
Money a sheriff collects while executing process — on a judgment, for instance — belongs to the party who won it, and Section 25-2238 sets the timeline for handing it over. If that party, or an agent or attorney, demands the money any time before the sheriff returns the writ, the sheriff must pay it over then.
If no one has demanded payment by the time the sheriff returns the writ, the money goes to the clerk of the county court instead, so it does not sit with the sheriff indefinitely.
Frequently Asked Questions
Who is entitled to money a sheriff collects while executing a writ?
The party entitled to it, or that party’s agent or attorney, upon demand.
By when must a sheriff pay over collected money if a demand is made?
Any time before the sheriff returns the writ upon which the money was collected.
What happens if no one demands the money before the writ is returned?
The sheriff must pay it to the clerk of the county court when returning the writ.
Can an attorney demand payment on behalf of the party?
Yes, the party’s agent or attorney may make the demand.
What if the sheriff fails to pay over money as required?
Section 25-2239 imposes a penalty for failing to pay over money collected in an official capacity.
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 collected money nebraskasheriff pay over funds collectedwrit return money owed to partysheriff accounting for collections