The court may order the sheriff to repossess himself, for the purpose of selling it, of any of the attached property which may have passed out of his hands without having been sold or converted into money; and the sheriff shall, under such order, have the same power to take the property as he would have under an order of attachment.
§ 25-1035.Attached property out of sheriff's possession; repossession; power of court to order.
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 the sheriff to retake attached property that has left his possession without being sold or turned into money, giving him the same authority to seize it that he had under the original attachment order.
Full Text of § 25-1035
Source
R.S.1867, Code § 230, p. 431; R.S.1913, § 7764; C.S.1922, § 8708; C.S.1929, § 20-1035; R.S.1943, § 25-1035.
Plain-English Summary
Attached property does not always stay put. It might pass out of the sheriff’s hands through a court order releasing it, a mistake, or some other turn of events, without ever having been sold or converted into cash. Section 25-1035 gives the court a way to fix that: it can order the sheriff to repossess the property so the sale the attachment was meant to lead to can still happen.
The sheriff acting under this type of order is not left to improvise. He has the same power to take the property back that he had under the original order of attachment — the same authority that let him seize it in the first place applies to getting it back into his custody.
Read together with § 25-1034, this section closes a practical gap: whether attached property is being withheld under a bond or has drifted out of the sheriff’s control, the court has tools to bring the property, or its value, back within reach of the case.
Frequently Asked Questions
When would attached property end up outside the sheriff’s possession?
This can happen when property is released, transferred, or otherwise moves out of the sheriff’s custody before it has been sold or converted into money, for reasons the case record would show.
What can the court do if attached property left the sheriff’s hands without being sold?
Under § 25-1035, the court can order the sheriff to repossess the property so it can proceed to sale as originally intended.
Does the sheriff need a new attachment order to retake the property?
No. The court’s order under this section gives the sheriff the same power to take the property that he had under the original order of attachment.
Does this section apply once the property has already been sold?
No. It applies to property that passed out of the sheriff’s hands without having been sold or converted into money — once a valid sale has occurred, this repossession mechanism no longer serves a purpose for that property.
Who asks the court for this type of order?
The party with an interest in the attached property being sold, typically the attaching plaintiff, would bring the situation to the court’s attention so it can direct the sheriff to act.
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 retake attached propertyrepossess attached goods nebraskaattached property lost by sheriffcourt order to reseize propertyattachment property recovery