§ 25-1009.Attachment or garnishment; delivery of property to defendant or garnishee; conditions.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1980 · Last verified July 22, 2026
In one sentenceThis section lets a defendant, or the person holding the property, get attached or garnished property back before the case ends by posting a bonded undertaking guaranteeing the property or its appraised value will be available to satisfy any judgment.
Full Text of § 25-1009
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(1) The sheriff shall deliver the property attached to the person in whose possession it was found, and property or money seized in garnishment, to the defendant in the attachment proceedings, if the defendant be the true owner thereof, upon the delivery by such person, either to the sheriff at any time before the return of the sheriff of the attachment or garnishment process or to the clerk of the court, after the return by the sheriff to the court, of an undertaking to the plaintiff, with one or more sufficient sureties resident in the county, or a bonding company authorized to do business in the State of Nebraska, to the effect that the
parties to the same are bound, in the amount of the appraised value thereof, or in the case of garnishment, in the amount of the value of the property or money in the hands of the garnishee, that the property or its appraised value in money shall be forthcoming to answer the judgment of the court in the action; but if it shall appear to the court that any part of said property has been lost or destroyed by unavoidable accident, the value thereof shall be remitted to the person so bound. In case of garnishment, the garnishee shall be discharged upon the approval of said bond.
(2) If the defendant presents to the court, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to insure that the property or its appraised value in money shall be forthcoming to answer the judgment of the court in the action, the court may allow the undertaking to be executed by the defendant alone.
Losing the use of attached property while a lawsuit drags on can hurt, even if the defendant ultimately wins. Section 25-1009 gives the defendant, or the person the property was taken from, a way to get it back early by substituting a bond for the property itself.
The sheriff releases attached property, or money or property seized through garnishment, to the defendant, if the defendant is the true owner, once an undertaking is filed, backed by one or more sufficient sureties who live in the county or by an authorized bonding company. The bond is set at the appraised value of the property, or, for garnished funds, at the value in the garnishee’s hands, and it commits the sureties to producing the property or its value if the plaintiff wins the case. The bond can be delivered to the sheriff before the return of the attachment or garnishment process, or to the clerk of the court afterward. If part of the property was lost or destroyed by unavoidable accident, its value gets credited back to whoever posted the bond. In a garnishment case, approving the bond also discharges the garnishee from further obligation.
Sureties are not always required. If the defendant shows, by affidavit or otherwise, specific facts demonstrating that no sureties are needed to guarantee the property or its value will be available, the court can let the defendant execute the undertaking alone.
Frequently Asked Questions
Can I get my property back after it has been attached, before the case is decided?
Yes. Section 25-1009 lets the sheriff release attached property, or garnished money or property, once the defendant files a bonded undertaking guaranteeing the property or its appraised value will be available to satisfy the judgment.
How much does the redelivery bond have to cover?
The appraised value of the attached property, or, in a garnishment case, the value of the property or money the garnishee held.
Who can serve as surety on the redelivery bond?
One or more sufficient sureties who live in the county, or a bonding company authorized to do business in Nebraska.
Do I always need a surety to get the redelivery bond approved?
No. If the defendant shows specific facts demonstrating that no sureties are necessary to guarantee the property will be available, the court can allow the defendant alone to execute the undertaking.
What happens if the attached property is destroyed by accident before the case ends?
If it appears to the court that part of the property was lost or destroyed by unavoidable accident, its value is remitted to whoever posted the bond.
Does posting this bond end a garnishee’s obligations?
Yes, in a garnishment proceeding, the garnishee is discharged once the court approves the bond.
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:redelivery bond nebraska attachmentgetting attached property backrelease of garnished funds bondundertaking to recover seized property25-1009 nebraska