Upon the affidavit of a defendant, before answer in an action upon contract or for the recovery of personal property, that some third party, without collusion with the defendant, has or makes a claim to the subject of the action, and that the defendant is ready to pay or dispose of the same as the court may direct, the court may make an order for the safekeeping, or for the payment, or deposit in court, or delivery of the subject of the action, to such person as it may direct, and an order requiring such third party to appear in a reasonable time and maintain or relinquish his or her claim against the defendant. If such third party, being served with a copy of the order by the sheriff or such other person as the court may direct, fails to appear, the court may declare such third party barred of all claim in respect to the subject of the action against the defendant therein. If such third party appears, he or she shall be allowed to make himself or herself the defendant in the action in lieu of the original defendant, who shall be discharged from all liability to either of the other parties in respect to the subject of the action, upon compliance by the defendant with the order of the court for the payment, deposit, or delivery thereof.
§ 25-325.Interpleader by order of court upon affidavit of defendant.
Article 3: Parties · Last amended 2006 · Last verified July 22, 2026
In one sentenceThis section lets a defendant in a contract or personal-property recovery action who faces a competing claim from an uninvolved third party ask the court, by affidavit before answering, to order the disputed property held, paid, or delivered as directed, and to require that third party to appear and press or drop the claim.
Full Text of § 25-325
Source
R.S.1867, Code § 48, p. 400; R.S.1913, § 7606; C.S.1922, § 8549; C.S.1929, § 20-325; R.S.1943, § 25-325; Laws 2006, LB 1115, § 14.
Plain-English Summary
Interpleader solves a problem familiar to anyone caught between two people who both claim the same thing: a defendant who is ready to pay or hand something over, but does not know which of two claimants is entitled to it. Section 25-325 gives that defendant a way out. Before filing an answer in an action on a contract or for the recovery of personal property, the defendant can submit an affidavit stating that a third party, without any collusion with the defendant, claims the subject of the action, and that the defendant stands ready to pay or dispose of it as the court directs.
Once that affidavit is filed, the court can order the property held safely, paid, deposited with the court, or delivered to whoever the court designates, and can order the third party to appear within a reasonable time to either press or give up the claim against the defendant. If the third party is served with a copy of that order and does not show up, the court may declare the claim barred entirely. If the third party does appear, that person can step into the case as the defendant in place of the original defendant, who is then discharged from all liability to either side once the payment, deposit, or delivery ordered by the court is complete.
The upshot is that the original defendant does not have to guess which claimant is right and risk paying the wrong one. Filing the affidavit, before answering, shifts the fight over entitlement to the property away from the defendant and onto the two competing claimants, while the defendant is protected from double liability. Sections 25-326 and 25-327 extend a version of this same relief to sheriffs and other officers facing similar competing claims over property taken under execution.
Frequently Asked Questions
What kind of case can use the interpleader procedure in section 25-325?
It applies to actions upon a contract or for the recovery of personal property, where a defendant faces a claim to the subject of the action from a third party who is not already part of the lawsuit.
When does a defendant have to raise interpleader under this section?
Before filing an answer in the action, by submitting an affidavit describing the third party’s claim and stating that the defendant is ready to pay or dispose of the property as the court directs.
What must the defendant’s affidavit say to use section 25-325?
That a third party, without collusion with the defendant, has or makes a claim to the subject of the action, and that the defendant is ready to pay, deliver, or otherwise dispose of it according to the court’s direction.
What happens if the third-party claimant does not appear after being served with the court’s order?
The court may declare that third party barred of all claim to the subject of the action against the defendant.
What happens if the third-party claimant does appear?
That person may take the place of the original defendant in the action, and the original defendant is discharged from all liability to either party once the payment, deposit, or delivery ordered by the court is complete.
Does interpleader require the third party to have colluded with the defendant?
No, the opposite: the affidavit must state that the third party’s claim arises without collusion with the defendant, which helps confirm the interpleader is a genuine response to a real competing claim rather than a maneuver by the defendant.
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 interpleader statutedefendant caught between two claimantsaffidavit for interpleader nebraskacompeting claims to same propertythird party claim to contract dispute