§ 25-1005.Attachment; several and successive orders; issuance to several counties; costs; taxation.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1005
Source
R.S.1867, Code § 202, p. 426; R.S.1913, § 7736; C.S.1922, § 8680; C.S.1929, § 20-1005; R.S.1943, § 25-1005.
Plain-English Summary
A defendant’s attachable property does not always sit in one county. Section 25-1005 lets a plaintiff pursue it wherever it is by sending an order of attachment to the sheriff of each county where property might be found.
The plaintiff has options on timing: orders can go out to several counties’ sheriffs at the same time, or one after another, as the plaintiff sees fit. Nothing in the section requires the plaintiff to try one county first and wait for results before trying the next.
Cost recovery is narrower than the reach of the orders themselves. Only orders that are executed — meaning the sheriff carried out the attachment — get taxed as part of the costs of the action. An order sent to a county where nothing gets attached does not add to the plaintiff’s recoverable costs, unless the court directs otherwise.
Frequently Asked Questions
Can I send attachment orders to more than one county at the same time?
Yes. Section 25-1005 lets a plaintiff issue orders of attachment to the sheriffs of different counties at the same time or in succession.
Do I have to pick just one county to attach property in?
No. The section places no limit on the number of counties a plaintiff can pursue, only on which of the resulting orders count toward taxable costs.
Are the costs of every order of attachment I send out recoverable?
Only the costs of orders that are executed are taxed as part of the case’s costs, unless the court directs otherwise.
What happens to the cost of an order sent to a county where the sheriff finds nothing to attach?
That unexecuted order generally is not taxed in the costs of the action, since only executed orders count unless the court orders differently.