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§ 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

In one sentenceA plaintiff may send attachment orders to sheriffs in more than one county at once or one after another, but only the orders that are executed count toward the taxable costs of the case unless the court directs otherwise.

Full Text of § 25-1005

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Orders of attachment may be issued to the sheriffs of different counties; and several of them may, at the option of the plaintiff, be issued at the same time or in succession; but such only as have been executed shall be taxed in the costs, unless otherwise directed by the court.

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.

Does this section change how each individual order gets served or executed?

No. It addresses issuing orders to multiple counties and how the resulting costs get taxed; the mechanics of service and execution are governed by other sections, such as 25-1004 and 25-1008.

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 multiple counties nebraskasuccessive attachment ordersattachment costs taxation nebraskasending attachment to different sheriffs25-1005 nebraska