Execution of judgment is the process and act of a sheriff or constable taking possession and control of property owned by a judgment debtor—the person or entity who lost a lawsuit and owes the judgment creditor money—and delivering the money to the judgment creditor or selling the seized property and delivering the proceeds to the judgment creditor. The sheriff or constable receives its authority to seize and sell the judgment debtor’s property from a writ of execution, which is an order from a judge to execute on the judgment by seizing money or seizing and selling property.
In Nebraska, the execution of judgment is governed by state statutes that outline the process by which a sheriff or constable can enforce a court judgment. After a creditor has obtained a judgment against a debtor, the creditor can request a writ of execution from the court. This writ authorizes the sheriff or constable to seize assets belonging to the debtor to satisfy the judgment. The types of property that can be seized and the procedures for sale are specified by law. Exemptions exist to protect certain property of the debtor from seizure. Once the property is seized, it may be sold at a public auction, and the proceeds are used to pay the judgment creditor. The sheriff or constable is responsible for conducting the sale in accordance with legal requirements and distributing the proceeds to the creditor, minus any lawful costs associated with the execution process.