§ 25-1002.Attachment; affidavit of plaintiff; contents.

An attachment is a powerful remedy — it lets a plaintiff seize a defendant’s property before any court has ruled on the merits of the case. Section 25-1002 makes sure a judge sees real evidence before signing off on an order with that much power, not just a plaintiff’s say-so.

The affidavit, or affidavits, presented to the judge must rest on personal knowledge and cover three things. First, it must show that the facts in the plaintiff’s complaint stating a valid claim are true, along with the amount the plaintiff is entitled to recover. Second, it must describe any of the defendant’s property known to the plaintiff and subject to the court’s jurisdiction, along with its approximate value. Third, it must state specific facts giving the judge reasonable cause to believe that one or more of the grounds for attachment listed in section 25-1001 exist.

That third requirement matters most in practice. A plaintiff cannot recite one of the statutory grounds in conclusory terms and stop there; the affidavit has to lay out particular facts that give the judge a real basis for believing the ground applies. Only a judge of a district court or county court can approve the order, and that approval comes before any order issues.