Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1980 · Last verified July 22, 2026
In one sentenceThis section spells out what an attachment order must contain — direction to the sheriff, notice of the defendant’s right to a redelivery bond, and notice of the right to move to discharge the attachment — and requires it to be served on the defendant the same way as a summons.
Full Text of § 25-1004
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The order of attachment shall (1) require the sheriff to attach the lands, tenements, goods, chattels, stocks, or interest in stocks, rights, credits, money, and effects of the defendant in his or her county not exempt by law from being applied to the payment of the plaintiff's claim, or so much thereof as will satisfy the amount stated in the order of attachment; (2) inform the defendant of his or her right to obtain redelivery of the property attached by executing a redelivery bond in accordance with sections 25-1009 and 25-1024; and (3) inform the defendant of his or her right under section 25-1040, to move to discharge the attachment after service of the order upon him or her and of the plaintiff's obligation under section 25-1041, to prove the grounds upon which the attachment order was issued by a preponderance of the evidence if such a motion to discharge is made.
The order of attachment shall be directed and delivered to the sheriff and shall be served on the defendant in any manner authorized by statute for service of a summons.
Once a judge approves the affidavit and bond, section 25-1004 governs what the resulting order of attachment says and how the defendant learns about it. The order has to direct the sheriff to attach the defendant’s non-exempt property in the county — land, goods, stocks, money, and similar assets — up to the amount needed to satisfy the plaintiff’s claim.
The order cannot stop at directing the sheriff. It must also tell the defendant two things directly: that the defendant can get the attached property back by posting a redelivery bond, and that the defendant can move to discharge the attachment after being served, which shifts the burden onto the plaintiff to prove the grounds for the attachment by a preponderance of the evidence. Building those notices into the order itself means a defendant does not have to hunt through the statute book to learn about these rights.
Finally, the order goes to the sheriff for delivery, and it has to be served on the defendant using any method the law allows for serving a summons — attachment does not get its own separate, looser method of notifying the defendant.
Frequently Asked Questions
What must an order of attachment tell the defendant?
It must inform the defendant of the right to get the property back by posting a redelivery bond, and of the right to move to discharge the attachment, which puts the burden on the plaintiff to prove the grounds by a preponderance of the evidence.
What property can the sheriff attach under the order?
The defendant’s non-exempt land, goods, chattels, stocks, rights, credits, money, and similar effects located in the sheriff’s county, up to the amount needed to satisfy the plaintiff’s claim.
How is an order of attachment served on the defendant?
It is directed and delivered to the sheriff and served on the defendant using any method the law authorizes for serving a summons.
Can a defendant get attached property back before the case is over?
Yes. The order must notify the defendant of the right to obtain redelivery of the attached property by filing a redelivery bond.
What happens if the defendant challenges the attachment?
The defendant can move to discharge the attachment after service, and the plaintiff then has to prove the grounds for the attachment by a preponderance of the evidence.
Does the order name a specific dollar amount?
Yes, it states the amount determined necessary to satisfy the plaintiff’s claim, and the sheriff attaches only enough non-exempt property to cover that amount.
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:contents of attachment order nebraskahow is attachment order servedredelivery bond nebraskamotion to discharge attachment25-1004 nebraskasheriff duties attachment order