When the property is under attachment, it shall be attached under subsequent orders as follows: (1) If it is real property, it shall be attached in the manner prescribed in section 25-1008; (2) if it is personal property, it shall be attached as in the hands of the officer and subject to any previous attachment; and (3) if the same person or corporation be made a garnishee, a copy of the order and notice shall be left with him in the manner prescribed in section 25-1011.
§ 25-1015.Attached property; subsequent orders; procedure.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1959 · Last verified July 22, 2026
In one sentenceThis section explains how to attach property that is already under attachment when a new order arrives — real property follows the normal attachment procedure again, personal property is attached as held by the officer subject to the earlier attachment, and a garnishee receives a copy of the new order and notice.
Full Text of § 25-1015
Source
R.S.1867, Code § 210, p. 427; R.S.1913, § 7744; C.S.1922, § 8688; C.S.1929, § 20-1015; R.S.1943, § 25-1015; Laws 1959, c. 102, § 1, p. 425.
Plain-English Summary
Property does not stop being available to other creditors just because it is already under attachment. Section 25-1015 sets the procedure for a subsequent order reaching property that an earlier order already covers.
The approach depends on what type of property is involved. Real property under a later order gets attached the same way as the first time, following the procedure in section 25-1008. Personal property already under attachment is instead attached as being in the officer’s hands, subject to whatever attachment came before it — the officer does not need to seize it again, since it is already in custody. And where the same person or company is named as garnishee under more than one order, the officer leaves a copy of the new order and notice with the garnishee, following the method in section 25-1011.
Frequently Asked Questions
What happens if a second creditor tries to attach property that is already under attachment?
The procedure depends on the type of property: real property is attached again under the normal process, personal property is treated as already in the officer’s hands subject to the prior attachment, and a garnishee receives a copy of the new order and notice.
Does the sheriff have to physically re-seize personal property that is already attached?
No. Personal property already under attachment is attached under a later order as property in the officer’s hands, subject to the earlier attachment, without a second seizure.
What procedure applies to real property under a subsequent attachment order?
The same procedure section 25-1008 uses for the first attachment of real property.
What has to happen when the same garnishee is named in more than one order?
A copy of the new order and notice is left with the garnishee, following the manner section 25-1011 prescribes for serving a garnishee.
Does this section address the inventory paperwork for a second attachment of the same property?
Section 25-1014 covers the inventory and appraisement side, allowing one inventory to serve for several attachments of the same property by the same officer.
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: second attachment same property nebraskasubsequent attachment order procedureattaching property already under attachmentmultiple garnishment orders same garnishee25-1015 nebraska