Such receiver shall take possession of all notes, due bills, books of account, accounts and all other evidences of debt, that have been taken by the sheriff or other officer as the property of the defendant in attachment, and shall proceed to settle and collect the same. For that purpose, he may commence and maintain actions in his own name as such receiver but in such actions no right of defense shall be impaired or affected.
§ 25-1019.Attachment; receiver; powers and duties; actions by.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceOnce appointed, the receiver takes possession of the defendant’s notes, accounts, and other evidence of debt seized by the officer, may sue in the receiver’s own name to collect them, and cannot impair any defense the debtor would otherwise have.
Full Text of § 25-1019
Source
R.S.1867, Code § 214, p. 428; R.S.1913, § 7748; C.S.1922, § 8692; C.S.1929, § 20-1019; R.S.1943, § 25-1019.
Plain-English Summary
Section 25-1019 spells out what a receiver appointed under section 25-1018 does with attached property that represents debts owed to the defendant. The receiver takes possession of the defendant’s notes, due bills, books of account, and every other piece of evidence of debt that the sheriff or other officer seized as belonging to the defendant.
From there, the receiver’s job is to settle and collect on those debts. The section gives the receiver standing to sue in the receiver’s own name — the receiver does not have to bring an action in the defendant’s name to collect what is owed. That power comes with one built-in limit: bringing suit as receiver cannot impair or affect any defense a person sued would otherwise have. A person who owes the defendant money keeps every defense available against the receiver’s claim that would have been available against the defendant directly.
Frequently Asked Questions
What property does a receiver take control of under this section?
The defendant’s notes, due bills, books of account, and other evidence of debt that the sheriff or another officer seized as belonging to the defendant.
Can the receiver sue people who owe money to the defendant?
Yes. The receiver may commence and maintain actions in the receiver’s own name to settle and collect those debts.
Does being sued by a receiver instead of the original creditor change a debtor’s available defenses?
No. The section specifically preserves every defense a person would have had, so suing through the receiver does not impair or affect any right of defense.
Does the receiver have to collect the debts personally, or can the receiver use the courts?
The receiver can commence and maintain actions in the receiver’s own name to settle and collect the notes, bills, and accounts taken by the officer.
Is this power available to any receiver, or only one appointed over attached property?
Section 25-1019 addresses a receiver appointed under section 25-1018 in an attachment proceeding, taking possession of evidence of debt seized as the defendant’s property.
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: receiver collecting debts nebraska attachmentreceiver power to sue nebraskareceiver possession of notes and accountsdefenses against receiver lawsuit25-1019 nebraska