When a receiver is not appointed by the court or a judge thereof, as provided in section 25-1018, the sheriff or other officer attaching the property shall have all the powers and perform all the duties of a receiver appointed by the court or judge, and may, if necessary, commence and maintain actions in his own name as such officer. He may be required to give security other than his official undertaking.
§ 25-1022.Attachment; sheriff; powers when no receiver appointed; bond.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen a court does not appoint a receiver under section 25-1018, this section gives the sheriff or other attaching officer the same powers and duties a receiver would have, including the ability to sue in the officer’s own name, and lets the court require extra security from that officer.
Full Text of § 25-1022
Source
R.S.1867, Code § 217, p. 428; R.S.1913, § 7751; C.S.1922, § 8695; C.S.1929, § 20-1022; R.S.1943, § 25-1022.
Plain-English Summary
Appointing a receiver is optional, not automatic. Section 25-1022 covers what happens when the court, or a judge, decides not to appoint one in connection with the attachment described in section 25-1018. In that situation, the sheriff or other officer who attached the property does not operate without guidance — that officer takes on every power and duty a receiver would otherwise have.
That includes the ability to sue. If collecting on the attached property requires legal action — chasing down a debtor of the defendant who will not pay voluntarily, for example — the sheriff or officer may commence and maintain that action in the officer’s own name, standing in for the receiver a court did not appoint.
Because this arrangement puts unusual responsibility on the officer, the section lets the court require security beyond the officer’s ordinary official bond. That extra security gives the parties added protection when a sheriff, rather than a court-supervised receiver, is the one handling the defendant’s attached assets and any collection efforts that go with them.
Frequently Asked Questions
What happens if the court does not appoint a receiver in an attachment case?
The sheriff or other officer who attached the property takes on all the powers and duties of a receiver, including the authority to collect and manage the attached assets.
Can the sheriff sue someone on the defendant’s behalf without a receiver being appointed?
Yes. Section 25-1022 allows the sheriff or attaching officer to commence and maintain actions in the officer’s own name when necessary, the same as a receiver could.
Does the sheriff need extra bond to act as a receiver under this section?
The court may require the sheriff or officer to give security beyond the officer’s official undertaking, though this is not automatic in every case.
What section governs when a receiver is appointed in the first place?
Section 25-1018 addresses the appointment of a receiver in attachment cases; section 25-1022 fills the gap when that appointment does not happen.
Does a sheriff acting as receiver have the same reporting duties as an appointed receiver?
Section 25-1022 gives the officer the powers and duties of a receiver, which reasonably carries with it the same accountability to the court that section 25-1021 describes for receivers.
Why would a court decide not to appoint a receiver?
The section does not specify the court’s reasons; it addresses only what happens once the decision not to appoint a receiver has been made.
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: sheriff acting as receiver nebraskano receiver appointed attachmentattaching officer powers nebraskasheriff sue on attached propertysection 25-1022 nebraskaofficer bond attachment case