§ 25-1006.Attachment; order; return day.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1006
Source
R.S.1867, Code § 203, p. 426; R.S.1913, § 7737; C.S.1922, § 8681; C.S.1929, § 20-1006; R.S.1943, § 25-1006.
Plain-English Summary
Every order of attachment needs a return day — the date by which the sheriff has to report back to the court on what was done with it. Section 25-1006 ties that date to when the order was issued.
If the plaintiff obtains the order of attachment at the same time the case starts, its return day matches the summons’s return day, keeping the two documents on the same timetable. If the order comes later, after the case is already underway, its return day is twenty days from the date it issued, independent of any other document’s schedule.
Frequently Asked Questions
What is the return day of an order of attachment?
It is the deadline by which the sheriff must return the order to the court reporting what was done under it.
What is the return day if I request attachment when I file the case?
It matches the return day of the summons issued in the same case.
What if I seek attachment after the case has already started?
The return day is twenty days after the order of attachment issues.
Does the return day affect when the sheriff has to act on the order?
Section 25-1008 requires the sheriff to execute the order without delay; the return day set here is the deadline for reporting back to the court on what was done.
Where does the sheriff’s report on an executed order go?
It goes back to the court by the return day, and section 25-1016 sets out what that return must contain.