If the undertaking required by section 25-1098 is not given within twenty-four hours from the taking of the property under said order, the sheriff or other officer shall return the property to the defendant. If the sheriff or other officer delivers any property so taken to the plaintiff, his agent or attorney, or keeps the same from the defendant, without taking such security within the time aforesaid, or if he takes insufficient security, he shall be liable to the defendant in damages.
§ 25-10,100.Failure to furnish bond; duty and liability of officer; return of property to defendant.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires the sheriff to return the property to the defendant if the plaintiff’s bond under § 25-1098 is not posted within twenty-four hours of the taking, and makes the officer personally liable in damages for delivering the property, withholding it from the defendant, or accepting insufficient sureties without the required security.
Full Text of § 25-10,100
Source
R.S.1867, Code § 188, p. 422; R.S.1913, § 7829; C.S.1922, § 8773; C.S.1929, § 20-10,100; R.S.1943, § 25-10,100.
Plain-English Summary
The plaintiff’s twenty-four-hour window to post bond under § 25-1098 has teeth. If the plaintiff does not get the undertaking in place within that time, the sheriff has to return the property to the defendant. There is no discretion built in here; the deadline forces the officer’s hand.
The section also makes the sheriff personally accountable. If the officer hands the property to the plaintiff, or keeps it from the defendant, without first securing the required bond within the twenty-four-hour period, or if the bond taken has insufficient sureties, the officer is liable to the defendant in damages. That liability gives the sheriff a direct incentive to enforce the bonding deadline rather than treat it as a formality.
Frequently Asked Questions
What happens if the plaintiff does not post the required bond within twenty-four hours?
The sheriff or other officer has to return the property to the defendant.
Can the sheriff be held personally responsible for skipping the bond requirement?
Yes. If the officer delivers the property to the plaintiff, or withholds it from the defendant, without taking the required security in time, or takes insufficient security, the officer is liable to the defendant in damages.
What counts as insufficient security under this section?
Sureties who are not adequate to cover the bond obligation set under § 25-1098, though § 25-10,101 gives the defendant a separate process for challenging the sufficiency of sureties.
Whose bond does this section concern — the plaintiff’s or the defendant’s?
The plaintiff’s bond, the one required under § 25-1098 before the sheriff can deliver seized property to the plaintiff.
Does this section give the defendant a way to get the property back if the plaintiff never bonds it?
Yes. It requires the officer to return the property to the defendant when the plaintiff’s undertaking is not given in time.
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: plaintiff fails to post replevin bondsheriff liable insufficient suretiesreturn property to defendant no bondtwenty-four hour bond deadline consequence