§ 76-1446 — Trial; judgment; limitation; writ of restitution; issuance

Trial of the action for possession shall be held not less than ten nor more than fourteen days after the issuance of the summons. The action shall be tried by the court without a jury. If the plaintiff serves the summons in the manner provided in section 76-1442.01 , the action shall proceed as other actions for possession except that a money judgment shall not be granted for the plaintiff. If judgment is rendered against the defendant for the restitution of the premises, the court shall declare the forfeiture of the rental agreement, and shall, at the request of the plaintiff or his or her attorney, issue a writ of restitution, directing the constable or sheriff to restore possession of the premises to the plaintiff on a specified date not more than ten days after issuance of the writ of restitution. The plaintiff shall comply with the Disposition of Personal Property Landlord and Tenant Act and subsection (5) of section 76-1414 in the removal of personal property remaining on the premises at the time possession of the premises is restored.

Legislative History

Source: Laws 1974, LB 293, § 46; Laws 1976, LB 858, § 2; Laws 1995, LB 52, § 2; Laws 1995, LB 175, § 3; Laws 2016, LB221, § 6. Cross References: Disposition of Personal Property Landlord and Tenant Act, see section 69-2301.