If judgment is rendered in the action for the defendant, the attachment shall be discharged, and the property attached, or its proceeds, shall be returned to him.
§ 25-1032.Attachment; judgment for defendant; effect; return of property or proceeds.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section discharges an attachment and returns the attached property, or its proceeds, to the defendant whenever judgment in the underlying action is entered for the defendant.
Full Text of § 25-1032
Source
R.S.1867, Code § 227, p. 431; R.S.1913, § 7761; C.S.1922, § 8705; C.S.1929, § 20-1032; R.S.1943, § 25-1032.
Plain-English Summary
An attachment is a provisional remedy — it holds property in place while a case is pending, on the premise that the plaintiff might win. Section 25-1032 addresses what happens when that premise fails. If judgment in the action is rendered for the defendant, the attachment is discharged automatically, and the property that was attached, or whatever proceeds came from it, goes back to the defendant.
This section closes the loop on the entire attachment process described earlier in this article — the appointment of a receiver, the sale of perishable property, the garnishment of the defendant’s debtors. All of it was provisional, tied to the plaintiff eventually winning. Once the defendant wins instead, the justification for holding the property disappears, and the defendant is entitled to get it, or its value, back.
Frequently Asked Questions
What happens to attached property if the defendant wins the case?
The attachment is discharged, and the property, or its proceeds if it was sold, is returned to the defendant.
Does the defendant have to file a separate motion to get the property back?
The section states the attachment is discharged and the property or proceeds returned if judgment is rendered for the defendant, tying the return directly to the outcome of the case.
What if the attached property was already sold as perishable under section 25-1023?
Section 25-1032 provides for return of the property attached, or its proceeds, covering the situation where the property itself is no longer available because it was sold.
Does this section apply if the plaintiff wins?
No. This section addresses the outcome where judgment is for the defendant; section 25-1033 addresses satisfying a judgment for the plaintiff out of the attached property.
Is the return of attached property automatic, or does the defendant have to request it?
The section frames the discharge and return as the consequence of a defendant’s judgment, though the practical mechanics of returning specific property may still require court involvement.
Does discharge of the attachment under this section affect a bond posted under section 25-1024?
Section 25-1024 already discharges the attachment upon posting an approved bond before judgment; section 25-1032 addresses discharge that results from the judgment itself when no such bond was posted.
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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