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§ 25-1017.Order of attachment; effect; lien of consignee; interest and other costs; how computed.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1978 · Last verified July 22, 2026

In one sentenceThis section explains when an attachment order creates a binding lien on the property or, for garnishment, makes the garnishee liable to the plaintiff, protects a consignee’s existing lien from being disturbed, and sets how interest and other costs on the claim get computed and capped once the garnishee turns over the property.

Full Text of § 25-1017

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An order of attachment binds the property attached from the time of service, and the garnishee shall stand liable to the plaintiff in attachment for all property, money, and credits in his hands, or due from him to defendant, from the time he is served with the written notice mentioned in section 25-1011, notwithstanding the money or debt owing by such garnishee, and which is sought to be attached, may be payable at the place of residence of a nonresident defendant; but where the property is attached in the hands of a consignee, his lien thereon shall not be affected by the attachment.
At the time of the issuance of the order of attachment, all interest and other costs due, as of that date, shall be computed. All interest and other costs which accrue after such date shall be specified on a per day basis or such other basis for assessment as may exist. Upon delivery of the attached property by the garnishee, such garnishee shall not be liable for interest or costs other than those specified in the order of attachment.

Source

R.S.1867, Code § 212, p. 427; Laws 1911, c. 168, § 4, p. 546; R.S.1913, § 7746; C.S.1922, § 8690; C.S.1929, § 20-1017; R.S.1943, § 25-1017; Laws 1959, c. 102, § 2, p. 425; Laws 1978, LB 670, § 1.

Plain-English Summary

Section 25-1017 pins down exactly when an attachment, or garnishment, starts to bind property, and what a garnishee owes because of it. An order of attachment binds the attached property from the moment of service, not from some earlier or later point.

For garnishment specifically, the garnishee becomes liable to the plaintiff for property, money, and credits in the garnishee’s hands, or owed to the defendant, starting from the moment the garnishee is served with the written notice described in section 25-1011. That is true even if the debt the garnishee owes is technically payable at a nonresident defendant’s home address. One property interest stays protected regardless: if attached property is in a consignee’s hands, the consignee’s existing lien on it is not disturbed by the attachment.

The section also fixes how interest and costs get calculated. At the moment the order of attachment issues, all interest and costs due as of that date are computed as a fixed number, and anything accruing after that date gets stated on a per-day, or other specified, basis going forward. Once the garnishee delivers the attached property, the garnishee’s liability for interest and costs is capped at what the order specified — the garnishee owes no more interest or costs beyond that.

Frequently Asked Questions

When does an attachment order start binding the defendant’s property?

From the time it is served, not from when the order was issued or when the sheriff physically takes the property.

When does a garnishee become liable to the plaintiff?

From the time the garnishee is served with the written notice described in section 25-1011, even if the underlying debt is technically payable at a nonresident defendant’s address.

Does attachment disturb a consignee’s lien on the property?

No. Where attached property is held by a consignee, that consignee’s existing lien on the property is unaffected by the attachment.

How are interest and costs calculated on an attached claim?

Interest and costs due as of the date the order issues are computed as a set figure, and anything accruing afterward is stated on a per-day or other specified basis.

Once a garnishee turns over the attached property, is there any limit on further interest or costs owed?

Yes. After delivering the attached property, the garnishee is not liable for interest or costs beyond what the order of attachment specified.

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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