Article 5: Commencement of Actions and Service of Process · Last amended 1999 · Last verified July 22, 2026
In one sentenceThis section lets a qualifying adult, corporation, partnership, or LLC act as a process server with a sheriff’s powers in counties without a contracted constable, provided they are neutral, unrelated to the case, and bonded for fifteen thousand dollars.
Full Text of § 25-507
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(1) In any county which does not have a person contracted as a constable pursuant to section 25-2229, any person twenty-one years of age or older or a
corporation, partnership, or limited liability company that satisfies the requirements of subsection (2) of this section shall have the same power as a sheriff to execute any service of process or order.
(2) Any person or entity may exercise the powers provided in subsection (1) of this section if such person or entity (a) is not a party to the action, (b) is not related to a party to the action, (c) does not have an interest in the action, (d) is not a public official employed by the county where service is made whose duties include service of process, and (e) furnishes a good and sufficient corporate surety bond in the sum of fifteen thousand dollars, such bond being conditioned upon such person or entity faithfully and truly performing the duties of process server.
(3) Evidence of the corporate surety bond shall be provided to the clerk of each court in which such person or entity executes service of process or orders. Such person or entity is not required to furnish more than one bond to execute service of process or orders in any state court in the State of Nebraska. When service of process is made by such person or entity authorized by this section, proof of such service of process shall be shown by an affidavit.
(4) The cost of service of process is taxable as a court cost, and when service of process is made by such person or entity other than a sheriff the cost taxable as a court cost is the lesser of the actual amount incurred for service of process or orders or the statutory fee set for sheriffs in section 33-117.
Source
Laws 1999, LB 319, § 2.
Plain-English Summary
Section 25-507 opens process-serving work beyond sheriffs and court-appointed constables. In any county that does not have a person under contract as a constable, any person twenty-one or older, or a qualifying corporation, partnership, or limited liability company, can exercise the same power a sheriff has to serve process or court orders. That power is not free of conditions.
To qualify, the person or entity cannot be a party to the action, cannot be related to a party, cannot have an interest in the outcome, and cannot be a public official employed by the county whose job includes serving process. On top of those neutrality requirements, they have to carry a corporate surety bond of fifteen thousand dollars, conditioned on faithfully performing the duties of a process server. Evidence of that bond goes to the clerk of every court where the person or entity serves process, though only one bond is needed to cover service across every Nebraska state court — there is no need to post a separate bond for each courthouse.
When a bonded process server (rather than a sheriff) completes service, proof has to come by affidavit, and the cost is taxable as a court cost — capped at the lesser of the actual amount charged for the service or the statutory fee set for sheriffs under section 33-117. That cap keeps private service from becoming a way to inflate the costs charged to the losing side.
Frequently Asked Questions
Who besides a sheriff can serve a summons in Nebraska?
In a county without a contracted constable, any person twenty-one or older, or a qualifying corporation, partnership, or limited liability company that meets the section’s requirements, can serve process with the same authority as a sheriff.
What disqualifies someone from acting as a private process server?
Being a party to the action, being related to a party, having an interest in the action, or being a public official employed by the county whose duties include serving process.
Is a bond required to serve process privately?
Yes. The person or entity must furnish a corporate surety bond of fifteen thousand dollars conditioned on faithfully performing process-server duties.
Do I need a separate bond for every court where I serve process?
No. Evidence of the bond has to be provided to each court’s clerk, but only one bond is required to cover service of process across every Nebraska state court.
How is service proven when a private process server, rather than a sheriff, completes it?
Proof of service is shown by an affidavit from the person or entity who made service.
Is there a limit on what a private process server can charge as a taxable court cost?
Yes. The cost taxable as a court cost is the lesser of the actual amount incurred or the statutory fee set for sheriffs under section 33-117.
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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