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§ 25-1037.Several attachments; same property; reference.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026

In one sentenceWhen several attachments have been executed on the same property, or the same people have been named as garnishees more than once, this section lets the court, on a plaintiff’s motion, order a reference to sort out the amounts and priority of each attachment.

Full Text of § 25-1037

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Where several attachments are executed on the same property, or the same persons are made garnishees, the court, on the motion of any of the plaintiffs, may order a reference to ascertain and report the amounts and priorities of the several attachments.

Source

R.S.1867, Code § 232, p. 432; R.S.1913, § 7766; C.S.1922, § 8710; C.S.1929, § 20-1037; R.S.1943, § 25-1037.

Plain-English Summary

More than one creditor can go after the same pool of property or the same garnishee. When that happens, figuring out who is owed what, and whose claim comes first, gets complicated fast. Section 25-1037 gives the court a tool for untangling it: on the motion of any of the plaintiffs involved, the court can order a reference — sending the question to a referee — to ascertain and report the amounts and priorities of the several attachments.

This matters because attachments generally rank in the order they were made, and the property or garnished funds may not stretch far enough to cover every attaching creditor in full. Rather than have the trial court work through competing claims and calculations directly, a reference lets a referee gather the facts, calculate what each attachment is worth, and report back on the order in which the attaching creditors should be paid.

Any plaintiff with an attachment on the property, or with a garnishee shared by other attachments, can bring the motion. It is a practical mechanism for cases where one debtor’s limited assets have drawn several attaching creditors at once.

Frequently Asked Questions

What triggers the reference procedure under this section?

Either several attachments executed on the same property, or the same persons made garnishees in more than one attachment, can trigger it.

Who can move for a reference?

Any of the plaintiffs involved in the multiple attachments can make the motion.

What does a reference accomplish?

It sends the question of the amounts and priorities of the several attachments to a referee, who ascertains the facts and reports back to the court.

Why does priority among attachments matter?

The property or garnished funds may not cover every attaching creditor in full, so the order in which the attachments rank determines who gets paid first.

Does the court have to order a reference whenever multiple attachments exist?

The section frames this as something the court may order upon motion, giving the court discretion rather than making a reference automatic in every multi-attachment situation.

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: multiple attachments same propertypriority of attachments nebraskareference to determine attachment prioritycompeting creditors attachmentsame garnishee multiple attachments