How to Delay Sheriff Lockout During Eviction Appeals in Nebraska

If you’re facing eviction in Nebraska and have lost your case in court, you may worry about being locked out of your home by the sheriff. However, there are steps you can take to delay or "stay" the sheriff’s lockout while you appeal the eviction judgment. This guide explains what a stay is, your rights under Nebraska law, the forms you’ll need, and practical advice for renters navigating this stressful process.

Understanding the Sheriff Lockout Process in Nebraska

After a landlord wins an eviction case in Nebraska, the court will issue a "Writ of Restitution." This legal document orders the sheriff to remove the tenant from the property. The lockout can happen quickly—sometimes just days after the court decision. But, if you plan to appeal the eviction, you may be able to delay the lockout while your appeal is considered.

What Is a Stay of Writ of Restitution?

A "stay" is a court order that temporarily halts (puts on hold) the sheriff’s lockout while your appeal is active. This gives you more time to remain in your home while the higher court reviews your case.

How to Request a Stay During Appeal

To stay the sheriff lockout, Nebraska renters must request it from the County Court that handled their eviction. This generally involves filing an official court form and, in most cases, posting a bond or continuing to pay rent during the appeal process.

Key Steps for Renters

• File a Notice of Appeal: Immediately after the judgment, you must file a Notice of Appeal form to let the court know you’re appealing the decision. File this within 30 days of the judgment. Notice of Appeal (Nebraska Official Form CC 9:7).
• Request a Stay: Along with your appeal, file a Motion to Stay the Writ of Restitution. This is a formal request asking the judge to delay enforcement of the eviction while your appeal is heard. Use the court’s general motion form or draft your own following court rules. Nebraska courts do not have a dedicated form, but the General Motion Form (CC 4:7) can be adapted for this purpose.
• Post a Bond or Continue Paying Rent: The judge may require you to post an appeal bond (a financial guarantee) or pay ongoing rent into the court. This is decided on a case-by-case basis.
• Notify the Sheriff: If the court grants your stay, take a copy of the order to the sheriff’s office to ensure the lockout is put on hold.

For detailed instructions, visit the Nebraska Judicial Branch Landlord-Tenant Self-Help Center.

Which Tribunal Handles Eviction Appeals?

In Nebraska, eviction cases and appeals are handled by the Nebraska Judicial Branch – County Courts. Appeals go from the County Court to the District Court.

Relevant Nebraska Tenancy Legislation

Your rights and procedures are defined under the Nebraska Uniform Residential Landlord and Tenant Act and the relevant court rules.

Key Official Court Forms and How They’re Used

• Notice of Appeal (Form CC 9:7)
  When used: After an eviction ruling, file this form to start your appeal.
  How it works in practice: For example, if a tenant receives a court decision to leave their apartment and wants to appeal, they fill out and submit this form within 30 days at the same County Court.
  Download the Notice of Appeal
• Motion to Stay Writ of Restitution (General Motion Form CC 4:7)
  When used: Filed after judgment, this motion asks the judge to delay (stay) the sheriff’s lockout during your appeal.
  How it works in practice: A tenant can fill out the general motion form, state the reason (“requesting a stay pending appeal”), and submit it to the clerk to present to the judge.
  Download the General Motion Form

Always keep copies of what you file, and be sure to monitor deadlines.

Action Steps if You Receive an Eviction Judgment in Nebraska

• File your Notice of Appeal (CC 9:7) within 30 days.
• Submit a Motion to Stay and request the judge delay the sheriff’s lockout.
• Ask court staff for guidance on procedures if you are unsure.
• Contact Legal Aid of Nebraska or another free legal service if you need assistance.

The process can move quickly, so it’s important to act fast if you intend to seek a stay of lockout while appealing an eviction.

FAQs for Nebraska Renters on Staying Sheriff Lockout

1. Can I stop the sheriff lockout by filing an appeal in Nebraska?
   Filing an appeal alone does not automatically stop lockout. You must also officially request a stay (delay) from the court.
2. Is there a deadline for asking to stay the writ of restitution?
   Yes. You should request the stay as soon as possible—ideally immediately after filing your appeal, and definitely before the date set for lockout.
3. Will I have to pay money to the court if I request a stay?
   The judge may require you to post an appeal bond or continue paying rent during the appeal. The amount is set by the court.
4. Can I stay in my home while my eviction appeal is pending?
   If the judge grants a stay, you can remain in your home until your appeal is decided.
5. What happens if my appeal is denied?
   If you lose the appeal, the eviction process (including lockout) will resume, and you must vacate the property.

Key Takeaways for Nebraska Renters

• Appealing your eviction gives you a chance to delay lockout, but only if you request a stay from the court.
• File all forms promptly and ask about posting a bond or rent payments if required.
• Seek help from legal aid or court staff if you have questions about the process.

Need Help? Resources for Renters

• Nebraska Judicial Branch Landlord-Tenant Self-Help Center – Official court info, forms, and guides
• Legal Aid of Nebraska – Free legal help for low-income renters
• Find Your County Court – Locate court contacts and clerk offices

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1. For eviction appeals and stays, see the Nebraska Uniform Residential Landlord and Tenant Act § 76-1446
2. Official Nebraska court forms available at the Nebraska Judicial Branch self-help page
3. Find procedures in the Nebraska statutes on appeals (§ 25-21,221)

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