Nebraska Motion to Release Property from Levy upon Filing Bond

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Multi-State
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US-03319BG
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Description

A motion to release property is a pleading asking a judge to issue a ruling that will result in the release of property or a person from custody. When property is held in custody, a motion to release must be filed in order to get it back. There are a number of situations where this may become necessary. These can include cases where property is confiscated and the cause of the confiscation is later deemed spurious, as well as situations where people deposit money with a court as surety in a case or in response to a court order. For example, someone brought to small claims court and sued for back rent might write a check to the court for the amount owed, and the landlord would need to file a motion to release for the court to give him the money.

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FAQ

Under Nebraska law, which applies to a foreign judgment after the judgment is filed in Nebraska, once a party appeals a monetary judgment for money only and files a supersedeas bond which is approved by the court in which judgment was rendered, the general lien resulting from the judgment is dissolved.

Judges may set either a percentage bond, allowing the defendant to get out if they pay 10 percent of it, or a personal recognizance bond, allowing the defendant to be released on a ?promise to pay? based upon their own signature. Bail bondsmen are not used in the State of Nebraska as they are in other states.

You will get your bail money back if you paid cash bail and made all your required court appearances. You will not get your bail money back if you paid cash bail and missed a court date. You also will not get any money back if you posted bail by means of a bail bond.

Bonds can only be returned by an order from a Judge in the Douglas County District Court. Inquiry about the release of a bond should not be made until two business days after the complete end of a case.

The judge can revoke your bond if police rearrest you while you are out on bond. If a judge revokes your bond, then there is no amount of money you can pay to secure your release. Instead, you must either remain in custody until your case resolves or convince the court to re-impose the bond.

Typically the bond is written in the inmate's name and the refund will be given to the inmate by the Court. The inmate may submit a written request to the court to direct the bond refund to a specific individual.

Judges may set either a percentage bond, allowing the defendant to get out if they pay 10 percent of it, or a personal recognizance bond, allowing the defendant to be released on a ?promise to pay? based upon their own signature. Bail bondsmen are not used in the State of Nebraska as they are in other states.

The judge can revoke your bond if police rearrest you while you are out on bond. If a judge revokes your bond, then there is no amount of money you can pay to secure your release. Instead, you must either remain in custody until your case resolves or convince the court to re-impose the bond.

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Nebraska Motion to Release Property from Levy upon Filing Bond