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§ 25-1020.Attachment; receiver; appointment; notice to debtors of defendant in attachment; effect.

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

In one sentenceThis section requires a receiver appointed in an attachment case to notify everyone who owes money to the defendant, and once that notice is served, those debtors must account to the receiver rather than pay the defendant directly.

Full Text of § 25-1020

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Such receiver shall forthwith give notice of his appointment to the persons indebted to the defendant in attachment. The notice shall be written or printed, and shall be served on the debtor or debtors by copy personally or by copy left at the residence. From the date of such service the debtors shall stand liable to the plaintiff in attachment for the amount of money and credits in their hands, or due from them to the defendant in attachment, and shall account therefor to the receiver.

Source

R.S.1867, Code § 215, p. 428; R.S.1913, § 7749; C.S.1922, § 8693; C.S.1929, § 20-1020; R.S.1943, § 25-1020.

Plain-English Summary

When a court attaches a defendant’s property before judgment, it sometimes appoints a receiver to gather in assets the sheriff cannot seize outright — money someone else owes the defendant, for instance. Section 25-1020 covers the first step a receiver has to take: telling those debtors that a receiver has stepped into the picture. The notice has to be written or printed, and it has to be served the old-fashioned way — a copy delivered to the debtor personally, or left at the debtor’s residence. A phone call or a casual heads-up will not do.

Service changes the debtor’s legal position. From the moment of service forward, the debtor stands liable to the plaintiff in the attachment for whatever money or credits the debtor holds or owes the defendant, and the debtor now has to account for that amount to the receiver instead of the defendant. A debtor who keeps paying the defendant after being served risks having to pay the same amount again to the receiver.

This section works alongside the sections that follow it. Once a receiver collects money or property from a defendant’s debtors, section 25-1021 tells the receiver what to do with it, and section 25-1022 explains what happens when a court skips appointing a receiver in the first place.

Frequently Asked Questions

What is a receiver in a Nebraska attachment case?

A receiver is a person the court appoints to collect and hold a defendant’s property and money while an attachment case is pending, including amounts that other people owe the defendant.

How does a receiver notify someone who owes money to the defendant?

The receiver has to give written or printed notice, served by delivering a copy to the debtor personally or by leaving a copy at the debtor’s residence.

What happens once I am served with notice that a receiver has been appointed?

From the date of service, you become liable to the plaintiff in the attachment for the money or credits you hold or owe the defendant, and you have to account for that amount to the receiver.

If I already paid the defendant before I was served, do I still owe the money to the receiver?

Section 25-1020 ties liability to the debtor to the date of service, so a payment made to the defendant before service is not addressed by this section the way a payment made afterward would be.

Does this section apply if the court never appoints a receiver?

No. Section 25-1022 covers that situation, giving the sheriff or attaching officer the powers and duties of a receiver when the court does not appoint one.

Can I be sued twice for the same debt if I ignore the notice?

The section’s purpose is to redirect payment away from the defendant and toward the receiver once notice is served, so a debtor who disregards that notice risks having to satisfy the same obligation a second time.

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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