If personal property which has been attached be claimed by any person other than the defendant, it shall be the duty of the officer to have the validity of such claim tried, and such proceedings must be had thereon, with the like effect, as in case the property had been seized upon execution and claimed by a third person.
§ 25-1036.Attachment; intervening claimants; proceeding to ascertain title.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceWhen someone other than the defendant claims ownership of attached personal property, this section requires the officer to have that claim tried, using the same process that applies when a third person claims property seized under execution.
Full Text of § 25-1036
Source
R.S.1867, Code § 231, p. 431; R.S.1913, § 7765; C.S.1922, § 8709; C.S.1929, § 20-1036; R.S.1943, § 25-1036.
Plain-English Summary
An attachment is supposed to reach the defendant’s property, not anyone else’s. Section 25-1036 addresses what happens when a third party — someone who is not the defendant — steps forward and claims the attached personal property belongs to them instead. The officer holding the property cannot ignore the claim or take the defendant’s word for it alone.
Instead, the officer has a duty to have the validity of that claim tried. The section directs that this happen the same way — with the same effect — as when property seized under execution is claimed by a third person. Attachment and execution both involve an officer taking hold of property that might, in fact, belong to someone outside the lawsuit, so Nebraska law resolves ownership disputes in both settings through the same procedure.
For a claimant caught in the middle of someone else’s lawsuit, this section is the route to getting a real hearing on ownership, rather than watching property get sold out from under them because it happened to be in the defendant’s possession.
Frequently Asked Questions
What happens if someone besides the defendant claims the attached property is theirs?
The officer must have the validity of that claim tried, following the same procedure used when a third party claims property seized under execution.
Does the officer decide on his own whether the claim is valid?
No. The officer’s duty is to have the claim tried — meaning the ownership dispute gets resolved through the established procedure, not by the officer’s own judgment.
Why does this section point to the execution procedure instead of setting out its own steps?
Attachment and execution both involve an officer seizing property that may belong to a third person, so the law applies one consistent process to resolve ownership claims in either setting.
Can this claim procedure be used for real estate attached under this article?
The section’s language addresses personal property that has been attached; land raises separate recording and title issues covered in other sections of this article.
What should a third-party claimant do if they believe attached property belongs to them?
They should present their claim to the officer, who is then obligated to have it tried under the same procedure that governs third-party claims to property seized on execution.
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: third party claims attached propertysomeone else owns attached goodsintervening claimant attachment nebraskadispute ownership of attached propertyexecution third party claim procedure