§ 25-1024.Attachment; discharge; bond; effect; restitution of property or proceeds.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1980 · Last verified July 22, 2026
In one sentenceThis section lets a defendant discharge an attachment before judgment by posting a court-approved bond promising to satisfy any judgment, which frees the attached property and releases any garnishee, and it allows the defendant to execute that bond without sureties if the defendant can show none are needed.
Full Text of § 25-1024
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(1) If the defendant, or any other person on his or her behalf, at any time before judgment, causes an undertaking to be executed to the plaintiff by one or more sureties resident in the county, to be approved by the court, in the amount of the plaintiff's claim as stated in his or her affidavit, to the effect that the defendant shall perform the judgment of the court, the attachment in such action shall be discharged and restitution made of any property taken under it or the proceeds thereof. Such undertaking shall also discharge the liability of a garnishee in such action for any property of the defendant in his or her hands.
(2) If the defendant presents to the court, by affidavit or otherwise, specific facts demonstrating that no sureties are necessary to insure satisfaction of the plaintiff's claim, the court may allow the undertaking to be executed by the defendant alone.
An attachment ties up property before the underlying case is even decided, which can hurt a defendant who has done nothing wrong yet. Section 25-1024 gives the defendant, or anyone acting on the defendant’s behalf, a way out before judgment: post a bond. If the defendant arranges for an undertaking to the plaintiff, backed by one or more sureties who live in the county and are approved by the court, in the amount of the plaintiff’s claim as stated in the attachment affidavit, and the bond promises that the defendant will perform whatever judgment the court enters, the attachment is discharged. Any property already taken under it comes back, or its proceeds do, and the bond takes the attachment’s place as security for the plaintiff.
The discharge reaches further than the attached property itself. The same undertaking also releases any garnishee from liability in the case for property of the defendant the garnishee is holding. Once the bond is in place, the garnishee no longer has to account to the court for the defendant’s assets in the garnishee’s possession.
The section allows one adjustment to the surety requirement. If the defendant presents specific facts — by affidavit or otherwise — showing that sureties are not necessary to guarantee the plaintiff will be paid if the plaintiff wins, the court may let the defendant execute the bond alone, without any surety standing behind it.
Frequently Asked Questions
How can a defendant get attached property released before the case is decided?
By posting a court-approved undertaking to the plaintiff, in the amount of the plaintiff’s claim, promising that the defendant will perform the judgment of the court. Doing so discharges the attachment and returns the property or its proceeds.
Does discharging the attachment also free a garnishee holding the defendant’s property?
Yes. The same undertaking discharges the liability of a garnishee in the action for any property of the defendant the garnishee holds.
Who has to sign the bond as a surety?
One or more sureties who reside in the county and are approved by the court, unless the court allows the defendant to execute the undertaking without sureties.
Can a defendant post the bond without finding a surety?
Yes, if the defendant presents specific facts, by affidavit or otherwise, showing that no sureties are necessary to ensure the plaintiff’s claim will be satisfied, the court may allow the defendant to execute the undertaking alone.
How large does the bond have to be?
The undertaking has to be in the amount of the plaintiff’s claim as stated in the plaintiff’s attachment affidavit.
Does this section apply only before judgment?
Yes. The section applies to a discharge sought at any time before judgment, whether the defendant or someone acting on the defendant’s behalf arranges the bond.
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:discharge attachment nebraska bondrelease attached property before judgmentattachment bond requirements nebraskagarnishee released by defendant bondsection 25-1024 nebraskaundertaking to discharge attachment