Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1980 · Last verified July 22, 2026
In one sentenceThis section requires the plaintiff to post a bond, in an amount and with sureties the judge finds sufficient to cover the defendant’s probable damages from a wrongful attachment, before the clerk can issue the order.
Full Text of § 25-1003
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(1) The judge to whom the affidavit described in section 25-1002 is presented shall determine the amount of an undertaking the plaintiff shall be required to file. The judge shall also approve the sufficiency of one or more sureties of the plaintiff, unless the plaintiff presents, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to protect the defendant from loss.
(2) In determining the amount of the bond described in subsection (1) of this section, the judge shall be guided by the amount of probable damage that will be suffered by the defendant if his or her property is wrongfully attached. In estimating the probable damage the defendant would suffer, the judge shall consider all the circumstances presented to him or her in the plaintiff's affidavits, including the value of any of the defendant's property described therein.
(3) After determining the amount of the plaintiff's undertaking, along with necessary sureties, the judge shall, if an order of attachment is otherwise proper under section 25-1002, direct the clerk to issue, after the necessary bond is filed, an order of attachment in an amount determined by the judge to approximate the amount of the claim and the costs of the action including the costs of the attachment.
Source
R.S.1867, Code § 200, p. 425; Laws 1911, c. 168, § 3, p. 545; R.S.1913, § 7734; C.S.1922, § 8678; C.S.1929, § 20-1003; R.S.1943, § 25-1003; Laws 1969, c. 183, § 1, p. 775; Laws 1980, LB 597, § 3.
Cross References
State officers and departments, not required to give attachment bond, see section 25-21,216.
Plain-English Summary
Attachment carries real risk for the defendant — property gets seized based on one side’s affidavit, before any trial. Section 25-1003 offsets that risk by requiring the plaintiff to put up security first.
The judge who reviewed the plaintiff’s affidavit under section 25-1002 also sets the amount of the plaintiff’s undertaking, or bond, and approves the sufficiency of one or more sureties, unless the plaintiff shows, by affidavit or otherwise, specific facts demonstrating that no sureties are needed to protect the defendant from loss. In setting the bond amount, the judge weighs the probable damage the defendant would suffer if the attachment turns out to be wrongful, considering everything in the plaintiff’s affidavits, including the value of the described property.
Only after the judge fixes the bond amount and sureties, and the plaintiff files the required bond, does the clerk issue the order of attachment. The order itself is set in an amount that approximates the plaintiff’s claim plus the costs of the action, including the costs of the attachment. State officers and departments are exempt from having to give this bond under a separate section of Nebraska law.
Frequently Asked Questions
Why does the plaintiff have to post a bond to get an attachment?
Because attachment lets a plaintiff seize a defendant’s property before trial, the bond protects the defendant, giving a source of recovery if the attachment turns out to be wrongful.
Who decides how large the bond needs to be?
The judge who reviewed the plaintiff’s attachment affidavit sets the amount, guided by the probable damage the defendant would suffer from a wrongful attachment.
Can a plaintiff get an attachment without a surety on the bond?
Yes, if the plaintiff shows, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to protect the defendant from loss; otherwise, the judge must approve one or more sufficient sureties.
How does the value of the defendant’s property affect the bond amount?
The judge considers the value of the defendant’s property described in the plaintiff’s affidavits, along with all the other circumstances, when estimating the probable damage a wrongful attachment would cause.
When does the clerk issue the order of attachment?
Only after the judge sets the bond amount and sureties and the plaintiff files the required bond, assuming the order is otherwise proper under section 25-1002.
Is every plaintiff required to post this bond?
Most are, but state officers and departments are exempt from giving an attachment bond under a separate section of Nebraska law.
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:attachment bond nebraskaundertaking for attachmenthow much is an attachment bondsureties for attachment order25-1003 nebraskaplaintiff bond wrongful attachment