The plaintiff, in a civil action for the recovery of money, may, at or after the commencement thereof, have an attachment against the property of the defendant when the defendant or one of several defendants (1) has absconded with the intent to defraud his or her creditors; (2) has left the county of his or her residence to avoid the service of a summons; (3) so conceals himself or herself that a summons cannot be served upon him or her; (4) is about to remove his or her property, or a part thereof, out of the county in which the property is located, with the intent to defraud his or her creditors; (5) is about to convert his or her property, or a part thereof, into money, for the purpose of placing it beyond the reach of his or her creditors; (6) has property, or rights, in action, which he or she conceals; (7) has assigned, removed or disposed of, or is about to dispose of his or her property, or a part thereof, with the intent to defraud his or her creditors; or (8) fraudulently contracted the debt or incurred the obligation for which suit is about to be or has been brought. The grounds for attachment on a claim before it is due are set forth in section 25-1049.
§ 25-1001.Attachment; grounds.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1980 · Last verified July 22, 2026
In one sentenceThis section lists the eight specific circumstances — including fleeing the county, hiding assets, or fraudulently incurring the debt — under which a plaintiff suing for money may attach a defendant’s property before judgment is entered.
Full Text of § 25-1001
Source
R.S.1867, Code § 198, p. 424; Laws 1911, c. 168, § 1, p. 544; R.S.1913, § 7732; Laws 1915, c. 145, § 1, p. 314; C.S.1922, § 8676; C.S.1929, § 20-1001; R.S.1943, § 25-1001; Laws 1980, LB 597, § 1.
Plain-English Summary
Attachment lets a plaintiff freeze a defendant’s property before winning a lawsuit, so there is something left to collect once judgment is entered. Section 25-1001 sets the gate for that remedy: a plaintiff suing for money can seek an attachment only if the defendant’s conduct fits one of eight listed grounds.
Most of the grounds share a common thread — the defendant is trying to escape the reach of the court or of creditors. Some involve flight or hiding, such as absconding to defraud creditors, leaving the county to dodge service of a summons, or concealing oneself so a summons cannot be served. Others involve the property itself: moving it out of the county, converting it to cash to put it out of creditors’ reach, concealing property or claims the defendant owns, or disposing of, or getting ready to dispose of, property to defraud creditors. The final ground looks not at what the defendant is doing with property, but at how the debt came to exist, allowing attachment when the defendant fraudulently contracted the debt or incurred the obligation being sued on.
This section covers claims that are already due. A separate section, referenced at the end of this one, covers attachment on a claim that has not yet come due.
Frequently Asked Questions
What is attachment, and why would a plaintiff want it?
Attachment lets a plaintiff freeze a defendant’s property while a lawsuit for money is pending, so the defendant cannot sell, hide, or move it out of reach before a judgment can be collected.
Do I need to prove all eight grounds to get an attachment?
No. Section 25-1001 lists eight separate grounds, and showing that the defendant’s conduct fits any one of them is enough to support an attachment.
Can I attach property before my claim is even due?
Not under this section. Section 25-1001 covers claims already due; a claim not yet due follows the separate grounds set out in section 25-1049.
Does fraud have to be involved for every ground?
No. Some grounds — leaving the county to avoid service, or concealing oneself so a summons cannot be served — do not require proof of fraudulent intent, though most of the other grounds do.
Is naming a ground here enough to get an attachment order?
What if the defendant fraudulently contracted the debt in the first place?
That is its own ground for attachment. Section 25-1001 allows attachment when the defendant fraudulently contracted the debt or incurred the obligation for which suit is about to be or has been brought, regardless of what the defendant does with property afterward.
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
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