The assignee of a thing in action may maintain an action thereon in the assignee's own name and behalf, without the name of the assignor.
§ 25-302.Assignee of a thing in action.
Article 3: Parties · Last amended 2006 · Last verified July 22, 2026
In one sentenceThis section lets a person who receives an assigned legal claim sue on it in their own name, without needing to bring the original owner of the claim into the lawsuit.
Full Text of § 25-302
Source
R.S.1867, Code § 30, p. 398; R.S.1913, § 7583; C.S.1922, § 8526; C.S.1929, § 20-302; R.S.1943, § 25-302; Laws 2006, LB 1115, § 9.
Plain-English Summary
A "thing in action" is an old but still-used term for a right that can be enforced in court, such as a debt or a contract claim, as opposed to a piece of property you can hold. Section 25-302 says that when someone assigns a right of that type to another person, the assignee can sue on it under their own name and on their own behalf, with no need to also name the assignor in the lawsuit.
This removed an older barrier under which an assignee sometimes had to sue in the assignor’s name even after taking over the claim. Read together with Section 25-301’s real-party-in-interest rule, this section confirms that once a claim has been properly assigned, the assignee, not the original owner, is the one entitled to bring the action.
The section applies broadly to any assigned "thing in action," whether that is a contract right, a debt, or another type of enforceable claim, and it does not require the assignee to show any particular form of assignment beyond what other law requires to make the assignment effective.
Frequently Asked Questions
What is a "thing in action" under this section?
It is a legal right that can be enforced through a lawsuit, such as a debt or contract claim, rather than a physical piece of property.
Does an assignee have to name the original owner of the claim as a party?
No. Section 25-302 lets the assignee maintain the action in the assignee’s own name and behalf, without joining the assignor.
How does this section relate to the real-party-in-interest rule in Section 25-301?
Once a claim is validly assigned, the assignee becomes the real party in interest, so this section and Section 25-301 work together to let the assignee sue alone.
Does this section decide whether an assignment itself was valid?
No. It addresses who may sue once an assignment has occurred; whether a particular assignment is valid depends on other law governing that transaction.
Does the defendant lose any defenses because the claim was assigned?
No. Section 25-303 preserves most defenses and counterclaims the defendant had against the original party, with a narrow exception for certain negotiable instruments.
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
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