The order of attachment shall be executed by the sheriff without delay. He shall go to the place where defendant's property may be found, and there, in the presence of two residents of the county, declare that by virtue of said order he attaches said property at the suit of such plaintiff; and the officer, with the said residents, who shall be first sworn or affirmed by the officer, shall make a true inventory and appraisement of all the property attached, which shall be signed by the officer and residents and returned with the order. Where the property attached is real property, the officer shall leave with the occupant thereof, or, if there be no occupant, in a conspicuous place thereon, a copy of the order. Where it is personal property, and accessible, he shall take the same into his custody, and hold it subject to the order of the court.
§ 25-1008.Attachment; order; execution; inventory; appraisement.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section directs the sheriff to execute an attachment order without delay by declaring the attachment before two county residents, preparing a signed inventory and appraisement of the seized property, and either taking custody of accessible personal property or leaving notice on real property.
Full Text of § 25-1008
Source
R.S.1867, Code § 205, p. 426; R.S.1913, § 7739; C.S.1922, § 8683; C.S.1929, § 20-1008; R.S.1943, § 25-1008.
Cross References
Appraisers' fees, mileage, see section 33-122.
Plain-English Summary
Section 25-1008 is the mechanical heart of attachment — the step where an order on paper turns into a seizure of property. The sheriff has to act without delay, going to where the defendant’s property can be found.
The execution itself is a witnessed event. In the presence of two residents of the county, the sheriff declares that the property is being attached under the order, at the suit of the named plaintiff. The sheriff then swears in those two residents and, together with them, prepares a true inventory and appraisement of everything attached. That document gets signed by the sheriff and both residents and returned along with the order, creating a record of exactly what was taken and what it was worth at the time.
What happens next depends on the type of property. Real property stays where it is — the sheriff leaves a copy of the order with whoever occupies it, or in a conspicuous place if no one occupies it. Personal property that is accessible gets taken into the sheriff’s custody and held subject to the court’s order until the case resolves.
Frequently Asked Questions
How does a sheriff attach property under an order?
The sheriff goes to where the property is located, declares in the presence of two county residents that the property is attached under the order, and prepares a signed inventory and appraisement with those two witnesses.
Who has to witness the sheriff’s attachment of property?
Two residents of the county, whom the sheriff first swears or affirms before they help prepare and sign the inventory and appraisement.
What happens to real property once it is attached?
The sheriff leaves a copy of the order with the occupant, or in a conspicuous place on the property if it has no occupant; real property is not physically removed.
What happens to personal property that is attached?
If it is accessible, the sheriff takes it into custody and holds it subject to the court’s order.
Does the sheriff get paid for appraising the property?
Appraisers’ fees and mileage are addressed in a separate section of Nebraska law referenced alongside this one.
How quickly must the sheriff execute the order once it is received?
Without delay — the section requires prompt execution rather than allowing the sheriff to wait.
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
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