The court may compel the delivery to the sheriff, for sale, of any of the attached property for which an undertaking may have been given, and may proceed summarily on such undertaking to enforce the delivery of the property or the payment of such sum as may be due upon the undertaking, by rules and attachments, as in cases of contempt.
§ 25-1034.Attached property; delivery to sheriff; power of court to compel.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets the court order attached property delivered to the sheriff for sale even after a bond has been posted to keep it in someone else’s hands, and lets the court enforce that order — or collect on the bond — through contempt-style proceedings.
Full Text of § 25-1034
Source
R.S.1867, Code § 229, p. 431; R.S.1913, § 7763; C.S.1922, § 8707; C.S.1929, § 20-1034; R.S.1943, § 25-1034.
Plain-English Summary
Attached property does not always sit with the sheriff. A defendant, or whoever is holding the goods, can sometimes keep possession by posting an undertaking — a bond guaranteeing the property’s value. Section 25-1034 makes sure that arrangement does not put the property permanently out of reach. The court can still order it delivered to the sheriff so it can be sold, bond or no bond.
If delivery does not happen, the court does not need a separate lawsuit to collect. It can proceed summarily on the undertaking itself, forcing either the handover of the property or payment of the sum due under the bond. The section calls for this to happen “by rules and attachments, as in cases of contempt” — the same coercive tools a court uses against someone who defies its orders, rather than a fresh round of litigation on the bond.
This section pairs naturally with § 25-1035, which covers attached property that has left the sheriff’s hands without being sold. Together they give the court a practical way to make sure attached property, or its cash value, stays available to satisfy whatever judgment eventually comes down.
Frequently Asked Questions
What is an undertaking in the attachment context?
It is a bond, backed by a surety, that lets a defendant or property holder keep possession of attached property instead of surrendering it to the sheriff, while guaranteeing its value to the plaintiff if needed.
Why would a court need to compel delivery if a bond already covers the property?
A bond protects the plaintiff’s interest in the property’s value, but the court may still need the actual property in hand — for a sale, for example — so § 25-1034 lets the court order delivery regardless of the bond.
What does it mean to proceed “summarily on such undertaking”?
It means the court can enforce the bond directly, without a separate lawsuit, ordering payment of the amount due or delivery of the property in a streamlined proceeding.
What does “by rules and attachments, as in cases of contempt” mean here?
It means the court can use the same enforcement tools — orders to show cause and coercive sanctions — that it uses to punish defiance of its orders, applied here to force compliance with the delivery order or bond.
Do I need to file a new lawsuit to enforce this?
No. The section lets the court act within the existing case, using summary enforcement against the undertaking rather than requiring a separate action on the bond.
Does this section apply to real estate as well as personal property?
Its language covers attached property generally where an undertaking has been given, without limiting itself to personal property, though land raises its own recording issues addressed in later sections of this article.
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: force delivery of attached propertycompel sheriff to sell attached goodsenforce attachment bondundertaking on attached propertycontempt proceeding attachment bondnebraska attachment delivery order