When there are several orders of attachment against the same defendant, they shall be executed in the order in which they are received by the sheriff.
§ 25-1007.Attachment; several orders against same defendant; time of service.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen a sheriff holds more than one attachment order against the same defendant, this section requires the sheriff to execute them in the order the sheriff received them.
Full Text of § 25-1007
Source
R.S.1867, Code § 204, p. 426; R.S.1913, § 7738; C.S.1922, § 8682; C.S.1929, § 20-1007; R.S.1943, § 25-1007.
Plain-English Summary
More than one creditor can pursue the same defendant’s property at the same time, and a single sheriff can end up holding multiple orders of attachment against that defendant. Section 25-1007 sets the sequence for handling them: the sheriff executes the orders in the order received, first in, first served.
This first-received, first-executed rule keeps the process predictable and prevents a sheriff from picking and choosing among competing plaintiffs’ orders. It also connects to section 25-1017, which addresses how a lien from an order of attachment relates to the time of service — the sequence in which a sheriff executes multiple attachments against the same defendant can matter to how those competing claims stack up.
Frequently Asked Questions
If two plaintiffs both attach the same defendant’s property, which order gets executed first?
Whichever order the sheriff received first, since section 25-1007 requires the sheriff to execute multiple orders against the same defendant in the order received.
Does the sheriff get to choose which attachment order to prioritize?
No. The order received controls execution, not the sheriff’s own preference among the pending orders.
Does this section apply when the orders come from different plaintiffs?
Yes. It applies whenever there are several orders of attachment against the same defendant, regardless of how many plaintiffs are involved.
Why does the order of execution matter to a plaintiff?
Because an order of attachment binds property from the time of service, the sequence in which the sheriff executes competing orders can affect the relative priority of the plaintiffs’ claims.
Does this rule apply to orders sent to different counties?
Section 25-1007 addresses several orders held by the same sheriff against the same defendant; section 25-1005 separately covers issuing orders to sheriffs of different counties.
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: multiple attachment orders same defendantorder of execution attachment nebraskasheriff priority attachment ordersfirst received first served attachment25-1007 nebraska