Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-216 (2026)

Part payment; acknowledgment of debt; effect upon accrual

✓ current as of July 2026
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In any cause founded on contract, when any part of the principal or interest shall have been voluntarily paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made in writing, an action may be brought in such case within the period prescribed for the same, after such payment, acknowledgment or promise; Provided, that the provisions of this section shall not be applicable to real estate mortgages which have become barred under the provisions of section 25-202 as against subsequent encumbrancers and purchasers for value.

Notes of Decisions
Cited in 18 cases (3 in the last 5 years), 1947–2021 · leading case: Nelssen v. Ritchie, 304 Neb. 346 (Neb. 2019).
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Nelssen v. Ritchie, 304 Neb. 346 (Neb. 2019). · cites it 9× “It concluded that Neb. Rev. Stat. § 25-216 (Reissue 2016), a statute which provides that partial payments generally toll the limitations period in contract actions, did not extend the time period for Nelssen to seek revivor of a judg- ment.”
T. S. McShane Co. v. Dominion Constr. Co., 278 N.W.2d 596 (Neb. 1979). · cites it 4× “The plaintiff does not claim that the statute was tolled by any of the statutory grounds set forth in section 25-216, R. R. S. 1943, but relies instead upon *326 the entry of the credit to defendant’s account on December 19, 1969, in the sum of $1,076.”
Sodoro, Daly & Sodoro, P.C. v. Kramer, 679 N.W.2d 213 (Neb. 2004). · cites it 3× “§ 25-216 (Reissue 1995), which provides that [i]n any cause founded on contract, when any part of the principal or interest shall have been voluntarily paid, or an acknowledgment of an existing liability, debt or claim, or any promise to pay the same shall have been made in…”
Castellano v. Bitkower, 346 N.W.2d 249 (Neb. 1984). · cites it 2× “See Neb. Rev. Stat. §25-216 (Reissue 1979). “ ‘If the petition in an action sets forth facts which show upon its face that it is barred by statute, and in avoidance thereof further facts are alleged to remove the bar of the statute, all of which are positively denied by the…”
Beckner v. Urban, 309 Neb. 677 (Neb. 2021). · cites it 5× “17 One such tolling statute is Neb. Rev. Stat. § 25-216 (Reissue 2016), which states: In any cause founded on contract, when any part of the principal or interest shall have been voluntarily paid, or an acknowledgment of an existing liability, debt or claim, or any promise to…”
George P. Rose Sodding & Grading Co. v. Dennis, 237 N.W.2d 418 (Neb. 1976). · cites it 2× “The plaintiff does not claim that the statute was tolled by any of the statutory grounds set forth in section 25-216, R. R. S. 1943, but relies instead on certain common law equitable' doctrines.”
Knoell v. Gibbons, 27 N.W.2d 632 (Neb. 1947). · cites it 2× “” Section 25-216, R. S. 1943, provides: “In any cause founded on contract, when any part of the principal or interest shall have been voluntarily paid, or an acknowledgement of an existing liability, debt or claim, or any promise to pay the same shall have been made in writing,…”
Alexanderson v. Wessman, 64 N.W.2d 306 (Neb. 1954). “An action to enforce the lien of the mortgage could have been brought at any time thereafter during a period of 10 years or until November 26, 1947.”
Kotas v. Sorensen, 345 N.W.2d 1 (Neb. 1984). · cites it 2× “Neb. Rev. Stat. § 25-216 (Reissue 1979) provides that the statute of limitations on a written agreement will be tolled “when any part of the principal or interest shall have been voluntarily paid, or an acknowledgment of an existing liability, debt or claim, or any promise to…”
Degmetich v. Beranek, 199 N.W.2d 8 (Neb. 1972). “§ 25-216, R. R. S. 1943. The record shows that the defendant’s wife was killed in an automobile accident on April 12, 1966, and that the defendant on February 27, 1968, acting as administrator of his wife’s estate filed an objection to the claim.”
Beacom v. Daley, 81 N.W.2d 907 (Neb. 1957). · cites it 2× “Wessmann, supra: “The voluntary-payment of part of a debt arising on contract, a written acknowledgment of it, or a promise in writing to pay it tolls the statute of limitations except as is otherwise provided by section 25-216, R. R. S. 1943.” But as stated in In re Estate of…”
In re Automatic Equip. Mfg. Co., 103 F. Supp. 427 (D. Neb. 1952). · cites it 2× “The payment, having been applied to the merchandise account, did not by reason of Section 25-216, R.R.S.Neb. 1943, suspend the running of the statute of limitations on the commission account.”
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