The undertaking mentioned in subsection (1) of section 25-1024 may, in vacation, be executed in the presence of the sheriff having the order of attachment in his or her hands, or, after the return of the order, before the clerk, with the same effect as if executed in court, the sureties in either case to be approved by the officer before whom the undertaking is executed.
§ 25-1025.Attachment; discharge; bond, how executed.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1980 · Last verified July 22, 2026
In one sentenceThis section explains the mechanics of executing the bond described in section 25-1024, letting a defendant sign it in front of the sheriff before the attachment order is returned or before the clerk afterward, with the sureties approved by whichever officer takes the bond.
Full Text of § 25-1025
Source
R.S.1867, Code § 220, p. 429; R.S.1913, § 7754; C.S.1922, § 8698; C.S.1929, § 20-1025; R.S.1943, § 25-1025; Laws 1980, LB 597, § 10.
Plain-English Summary
Section 25-1024 lets a defendant discharge an attachment by posting a bond. Section 25-1025 answers the practical question of how and where that bond gets executed, particularly when court is not in session. The undertaking may be executed in vacation, meaning it does not require a formal court appearance.
Two paths are available. Before the sheriff returns the order of attachment, the defendant can execute the bond in the presence of the sheriff who is holding that order. After the order has been returned, the defendant executes it before the clerk instead. Either way, the bond carries the same legal effect as if it had been executed in open court.
Whichever officer takes the bond — the sheriff or the clerk — has to approve the sureties who sign it. That approval requirement carries over from section 25-1024, which already conditions a surety bond on court approval; section 25-1025 identifies who exercises that approval when the bond is executed outside a formal court session.
Frequently Asked Questions
Where does a defendant sign the discharge bond described in section 25-1024?
Before the sheriff who holds the order of attachment, if the order has not yet been returned, or before the clerk if the order has already been returned.
Does the bond have to be executed in a formal court session?
No. Section 25-1025 allows it to be executed in vacation, before the sheriff or the clerk depending on the status of the attachment order.
Does a bond executed before the sheriff or clerk count the same as one executed in court?
Yes. The section gives it the same effect as if it had been executed in court.
Who approves the sureties on the bond?
Whichever officer takes the bond — the sheriff or the clerk — approves the sureties at the time it is executed.
How does a defendant know whether to go to the sheriff or the clerk?
It depends on whether the sheriff has already returned the order of attachment. Before the return, the sheriff takes the bond; after the return, the clerk does.
Is this section only about the bond described in section 25-1024?
Yes. It specifically covers the undertaking mentioned in subsection (1) of section 25-1024.
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: how to execute attachment bond nebraskasign discharge bond before sheriffattachment bond before clerksection 25-1025 nebraskavacation execution of undertakingsureties approval attachment bond