Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1521 (2026)

Intervening claimants; proceedings to ascertain title

✓ current as of July 2026

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If the officer, by virtue of any writ of execution issued from any court of record in this state, shall levy the same on any goods and chattels claimed by any person other than the defendant, such officer shall give notice in writing to the court, in which shall be set forth the names of the plaintiff and defendant, together with the name of the claimant. At the same time such officer shall furnish the court with a schedule of the property claimed. Immediately upon the filing of such notice and schedule, the court shall determine the right of the claimant to the property in controversy.

Notes of Decisions

Cited in 6 cases, 1979–2013 · leading case: Fox v. . Whitbeck, 835 N.W.2d 638 (Neb. 2013).

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Fox v. . Whitbeck, 835 N.W.2d 638 (Neb. 2013). · cites it 2× “He also alleged that the statute of limitations barred the execu- tion sale, as did the doctrine of laches.”

Credit Bureau of Broken Bow, Inc. v. Moninger, 284 N.W.2d 855 (Neb. 1979). “§§ 25-1521 to 25-1523, R. R. S. 1943. There is no justification to delay the levy of an execution merely on the word of a judgment debtor, who obviously has an interest in retaining possession of the item.”

Woodring v. Jennings State Bank, 603 F. Supp. 1060 (D. Neb. 1985). “The relevant execution statutes, §§ 25-1521 to -1523 (Reissue 1979), impose on the officer a duty “forthwith” to give notice to the court that he has levied on goods and chattels claimed by a person other than the defendant and the court has the duty “immediately upon the…”

Ceres Fertilizer, Inc. v. Beekman, 290 N.W.2d 199 (Neb. 1980). · cites it 2× “He therefore proceeded under the provisions of section 25-1521, R. R. S. 1943, to notify the court of the competing claims.”

Eli's, Inc. v. Com. Lithographing, Inc., 601 N.W.2d 795 (Neb. Ct. App. 1999). · cites it 10× “Neb. Rev. Stat. §§ 25-1521 through 25-1523 (Reissue 1995) govern the procedure to be followed when an intervening claimant makes a claim of ownership on property being levied upon pursuant to a judgment.”

Washington Cnty. Bank v. Red Socks Stables, Inc., 376 N.W.2d 782 (Neb. 1985). · cites it 4× “Following the procedures set out in Neb. Rev. Stat. § 25-1521 (Reissue 1979), the matter of the priority of the Bank’s security interest and Regency’s lien was submitted to the district court for Washington County.”

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