The defendant may, within twenty-four hours from the time the undertaking referred to in section 25-10,100 is given by the plaintiff, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fails to do so, he must be deemed to have waived all objections to them. When the defendant excepts, the sureties must justify upon notice as in the case of bail on arrest. The sheriff or other officer shall be responsible for the sufficiency of the sureties, until the objection to them is waived as above provided or until they justify. The property shall be delivered to the plaintiff when the undertaking required by section 25-1098 has been given.
§ 25-10,101.Bond; objections to sureties; waiver; liability of officer.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section gives the defendant twenty-four hours to challenge the plaintiff’s sureties, treats a missed objection as waived, requires challenged sureties to justify as in bail cases, holds the sheriff responsible for their sufficiency until then, and allows delivery to the plaintiff once the bond is in place.
Full Text of § 25-10,101
Source
R.S.1867, Code § 189, p. 423; R.S.1913, § 7830; C.S.1922, § 8774; C.S.1929, § 20-10,101; R.S.1943, § 25-10,101.
Plain-English Summary
Once the plaintiff posts the required undertaking under § 25-1098, the defendant gets a short window to question whether the sureties backing it are good for the money. This section gives the defendant twenty-four hours from the time the plaintiff’s bond is given to notify the sheriff of an exception to the sureties’ sufficiency. Miss that window, and the defendant is treated as having waived any objection.
If the defendant does object in time, the sureties have to justify — meaning they have to come forward and demonstrate, on notice, that they are financially sufficient to cover the bond, using the same process courts use for sureties on bail after arrest. Until that justification happens, or until the defendant’s window to object expires unused, the sheriff bears responsibility for making sure the sureties are adequate.
The section closes with the practical payoff: once the plaintiff’s undertaking required by § 25-1098 has been given, the property gets delivered to the plaintiff. This section stands between posting the bond and handing over the property — it is the surety-vetting step that has to clear, or go unchallenged, first.
Frequently Asked Questions
How long does the defendant have to challenge the plaintiff’s sureties?
Twenty-four hours from when the plaintiff’s undertaking is given.
What happens if the defendant does not object within that time?
The defendant is deemed to have waived all objections to the sureties.
What does it mean for a surety to justify?
The surety has to demonstrate, on notice, adequate financial sufficiency to back the bond, following the same procedure used for sureties justifying bail in criminal arrest cases.
Who is responsible if the sureties turn out to be inadequate?
The sheriff or other officer is responsible for the sufficiency of the sureties until the defendant’s objection is waived or the sureties justify.
When does the property get delivered to the plaintiff?
Once the undertaking required by § 25-1098 has been given, satisfying this section’s process for surety sufficiency.
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: challenge sureties replevin bond nebraskasureties justify bail process replevindefendant objection to plaintiff bondwaived objection to sureties replevin