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§ 25-1018.Attachment; receiver; appointment; oath; bond; accounting.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026

In one sentenceOn the plaintiff’s application and a showing of good cause, this section lets the court or a judge appoint a receiver over attached property, who must take an oath, post a bond payable to the State of Nebraska, and account for and pay over everything received while acting as receiver.

Full Text of § 25-1018

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The court, or any judge thereof during vacation, may, on the application of the plaintiff and on good cause shown, appoint a receiver, who shall take an oath faithfully to discharge his duty, and shall give an undertaking to the State of Nebraska in such sum as the court or judge may direct and with such security as shall be approved by the clerk of the court for the faithful performance of his duty as such receiver, and to pay over all money, and account for all property which may come into his hands by virtue of his appointment, at such times and in such manner as the court may direct.

Source

R.S.1867, Code § 213, p. 428; R.S.1913, § 7747; C.S.1922, § 8691; C.S.1929, § 20-1018; R.S.1943, § 25-1018.

Cross References

For other bond provisions, see section 25-1084.

Plain-English Summary

Sometimes seizing property is not enough — someone needs to manage it while the case is pending, collecting what is owed and preserving its value. Section 25-1018 lets the court step in with a receiver for that purpose.

The court, or any judge sitting during vacation, can appoint a receiver, but only on the plaintiff’s application and on a showing of good cause — appointment is not automatic just because property has been attached. Before taking on the role, the receiver must swear an oath to faithfully perform the duties of the office, and post an undertaking to the State of Nebraska in whatever amount the court or judge sets, backed by security the clerk of the court approves. That undertaking guarantees faithful performance and requires the receiver to pay over all money and account for all property that comes into the receiver’s hands, at whatever times and in whatever manner the court directs.

Frequently Asked Questions

Who can be appointed as a receiver over attached property?

The court, or a judge sitting during vacation, appoints the receiver, but only on the plaintiff’s application and a showing of good cause.

Is a receiver appointed automatically whenever property is attached?

No. Section 25-1018 requires an application from the plaintiff and good cause shown before the court will appoint one.

What does a receiver have to do before taking office?

Take an oath to faithfully discharge the duties of the position and post an undertaking to the State of Nebraska, in an amount the court sets and with security the clerk of the court approves.

What is the receiver’s bond meant to guarantee?

Faithful performance of the receiver’s duties, and payment over of all money, and an accounting for all property, that comes into the receiver’s hands by virtue of the appointment.

Does the receiver report to the court on a set schedule?

The receiver pays over money and accounts for property at whatever times and in whatever manner the court directs, rather than on a fixed statutory schedule.

Does another section address other bond requirements tied to receivership?

Yes, additional bond provisions relevant to receivers are addressed in a separate section of Nebraska law referenced alongside this one.

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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