§ 25-21,230.Forcible entry and detainer; restitution; writ of execution; form.

Article 21: Special Proceedings and Actions · Last amended 2004 · Last verified July 22, 2026

In one sentenceOnce a court enters judgment restoring the property to the landlord, this section directs the court, at the plaintiff’s request, to issue a writ commanding the sheriff or constable to remove the tenant, restore possession to the landlord, and levy the tenant’s property for costs, following a form set out in the statute.

Full Text of § 25-21,230

Text size

If a judgment of restitution is entered, the court shall, at the request of the plaintiff or the plaintiff's attorney, issue a writ of execution thereon which shall be in the following form as nearly as practicable:

The State of Nebraska, ................ County, ss.

To any Constable or Sheriff of ................ County:

Whereas, in a certain action for the forcible entry and detention, (or the forcible detention, as the case may be) of the following described premises, to wit: .................., lately tried before this court, wherein ................... was plaintiff, and ............. was defendant, judgment was entered on the ....... day of .......... A.D. ........, you therefor are hereby commanded to cause the defendant to be forthwith removed from the premises, and the plaintiff to have restitution of the same; also that you levy of the goods and chattels of the defendant, and make the costs

aforesaid, and all accruing costs; and of this writ make legal service and due return. Witness my hand this ...... day of ......... A.D. ......, Clerk of the (County or District) Court.

End

Source

Laws 1929, c. 82, § 129, p. 312; C.S.1929, § 22-1213; R.S.1943, § 26-1,130; Laws 1972, LB 1032, § 80; R.S.1943, (1985), § 24-580; Laws 2000, LB 921, § 24; Laws 2004, LB 1207, § 11.

Plain-English Summary

Section 25-21,230 turns a judgment of restitution into action on the ground. Once the court decides the case for the plaintiff, it issues a writ of execution at the request of the plaintiff or the plaintiff’s attorney, directed to a constable or sheriff of the county where the property sits.

The statute sets out the near-official wording that writ should follow, so nearly as practicable. In substance, it commands the officer to remove the defendant from the premises without delay, restore the plaintiff to possession, and levy the defendant’s goods and chattels to collect the costs of the suit along with any costs that accrue afterward.

The statute directs the officer to make legal service of the writ and return it once complete, closing the loop between the courtroom judgment and physical possession of the property.

Frequently Asked Questions

Who requests the writ of restitution after an eviction judgment?

The plaintiff or the plaintiff’s attorney.

What does the writ command the officer to do?

Remove the defendant from the premises, restore the plaintiff to possession, and levy the defendant’s goods and chattels to collect the costs of suit and any accruing costs.

Is there a required wording for the writ?

Section 25-21,230 sets out a form the writ should follow as nearly as practicable, addressed to a constable or sheriff of the county.

Which officers carry out the writ?

A constable or sheriff of the county where the detained premises are located.

What happens to the costs the writ is meant to collect?

The officer levies the defendant’s goods and chattels to make the costs, then makes legal service of the writ and returns it once that is done.

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 writ of restitution evictioneviction writ of execution formsheriff removes tenant nebraskawrit commanding tenant removalcollecting eviction costs from a tenant