Sheriffs shall be liable to twenty percent penalty upon the amount of damages for which judgment may be entered against them for failing to make return, making false return, or failing to pay over money collected or received in his or her official capacity. Such judgment must include, in addition to the damages and costs, the penalty herein provided.
§ 25-2239.Sheriffs; neglect of duty; penalty; how recovered.
Article 22: Process, Court Records, and Ministerial Officers · Last amended 1992 · Last verified July 22, 2026
In one sentenceExposes a Nebraska sheriff to a 20 percent penalty, added to any judgment for damages, for failing to make a return, filing a false return, or failing to pay over money collected in an official capacity.
Full Text of § 25-2239
Source
Laws 1929, c. 82, art. XV, § 180, p. 325; C.S.1929, § 22-1510; R.S.1943, § 26-1,181; R.S.1943, (1979), § 26-1,181; R.S.1943, (1985), § 24-5,104; Laws 1992, LB 1059, § 21.
Plain-English Summary
Sections 25-2233 through 25-2238 lay out a sheriff’s duties; Section 25-2239 supplies the teeth. A sheriff who fails to make a return, files a false one, or fails to pay over money collected in the course of official duties faces a 20 percent penalty on top of any damages a court awards against him or her for that failure.
The penalty is not optional once the underlying failure is proven — the judgment must include it, in addition to the damages and costs.
Frequently Asked Questions
What triggers the 20 percent penalty under this section?
Failing to make a return, making a false return, or failing to pay over money collected in an official capacity.
How is the penalty calculated?
Twenty percent of the amount of damages for which judgment is entered against the sheriff.
Is the penalty separate from damages and costs, or does it replace them?
It is added in addition to the damages and costs, not a substitute for either.
Who can bring a claim against a sheriff for neglect of duty under this section?
A party harmed by the sheriff’s failure to return, false return, or failure to pay over funds, recovered through the resulting judgment.
Does this penalty apply to constables as well as sheriffs?
The section’s text addresses sheriffs specifically.
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 penalty nebraska statutefalse return penalty nebraskafailure to pay over money penaltysheriff neglect of dutytwenty percent penalty judgment