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§ 25-1016.Order of attachment; return; contents.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1980 · Last verified July 22, 2026

In one sentenceThis section requires the officer to return every order of attachment with a written account of what was done — how and when the defendant was served, what property was attached and when, the names and service dates of any garnishees, and copies of any undertakings filed.

Full Text of § 25-1016

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The officer shall return upon every order of attachment what he or she has done under it. The return must show when and how the defendant was served, and the property attached and the time it was attached. When garnishees are served, their names and the time each was served must be stated. The officer shall also return with the order all undertakings given under it.

Source

R.S.1867, Code § 211, p. 427; R.S.1913, § 7745; C.S.1922, § 8689; C.S.1929, § 20-1016; R.S.1943, § 25-1016; Laws 1980, LB 597, § 8.

Plain-English Summary

Section 25-1016 makes sure the court gets a full written record of what happened when an attachment order went out. The officer has to return every order of attachment with an account of the actions taken under it.

The return has to show when and how the defendant was served, plus what property was attached and when. If garnishees were served, the return must name each one and state when service happened. Finally, the officer returns all undertakings — the bonds filed under sections like 25-1003 or 25-1009 — along with the order itself, so the complete paper trail of the attachment lands with the court in one place.

Frequently Asked Questions

What has to be in the officer’s return on an order of attachment?

When and how the defendant was served, what property was attached and when, the names of any garnishees served and when they were served, and copies of all undertakings filed under the order.

Does the return need to identify each garnishee separately?

Yes. When garnishees are served, their names and the time each was served must be stated in the return.

Are bonds filed during the attachment included in the return?

Yes. The officer must return all undertakings given under the order along with the order itself.

Who is responsible for filing this return with the court?

The officer who executed the order of attachment.

Does this section set a deadline for filing the return?

Section 25-1006 sets the return day; section 25-1016 governs what the return must contain once it is filed.

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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