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§ 25-1021.Attachment; receiver; reports; custody of property; duties.

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 report to the court when asked and to hold every dollar and every item of property collected until the court decides what to do with it.

Full Text of § 25-1021

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Such receiver shall, when required, report his proceedings to the court, and hold all money collected by him and property which may come into his hands subject to the order of the court.

Source

R.S.1867, Code § 216, p. 428; R.S.1913, § 7750; C.S.1922, § 8694; C.S.1929, § 20-1021; R.S.1943, § 25-1021.

Plain-English Summary

Section 25-1021 keeps a short leash on a receiver appointed in an attachment case. The receiver answers to the court, not to the plaintiff or the defendant, and has to report on the receivership whenever the court asks. Nothing in the section sets a fixed reporting schedule; the obligation is to report “when required,” meaning the court sets the timing.

The section also fixes what the receiver may do with what comes into the receiver’s hands. Every dollar collected and every piece of property that reaches the receiver stays subject to the court’s order. The receiver cannot distribute money to the plaintiff, return property to the defendant, or otherwise dispose of assets on the receiver’s own judgment — the court controls what happens next.

Read together with section 25-1020, this section completes the basic job description of an attachment receiver: collect what debtors owe the defendant, then hold everything and answer to the court until the case tells the receiver what to do with it.

Frequently Asked Questions

Does a receiver in an attachment case have to file regular reports?

The receiver has to report proceedings to the court when the court requires it. The section does not set a fixed schedule; the court controls the timing.

Can a receiver pay collected money to the plaintiff without a court order?

No. Money the receiver collects, and property that comes into the receiver’s hands, stays subject to the order of the court.

Who does an attachment receiver answer to?

The court. The receiver holds collected money and property for the court’s disposition rather than acting on instructions from the plaintiff or the defendant.

What kinds of property does this section cover?

Any property that comes into the receiver’s hands in the course of the receivership, along with any money the receiver collects.

How does this section relate to the receiver’s duty to notify debtors?

Section 25-1020 requires the receiver to notify people who owe the defendant money that a receiver has been appointed; this section governs what the receiver does with the money and property collected as a result.

What happens if a receiver ignores a court order about how to handle collected property?

The section conditions the receiver’s custody of money and property on holding it subject to the court’s order, so a receiver who disregards that order is acting outside the authority this section grants.

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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