§ 25-1042.Attachment; county court; procedure.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1972 · Last verified July 22, 2026
Full Text of § 25-1042
Source
Laws 1875, § 1, p. 44; R.S.1913, § 7771; C.S.1922, § 8715; C.S.1929, § 20-1042; R.S.1943, § 25-1042; Laws 1972, LB 1032, § 126.
Plain-English Summary
Attachments do not happen only in district court. Nebraska’s county courts handle attachment cases too, and Section 25-1042 makes sure defendants in those cases have the same protections available in district court. It provides that §§ 25-1039 to 25-1041 apply to actions before county courts.
That means a defendant facing an attachment in county court has the same right to move for additional security when a surety is inadequate, the same right to move to discharge the attachment before judgment, and the same evidentiary framework at the discharge hearing — grounds proven by a preponderance of the evidence, with the option for affidavit-based proof — that a district court defendant would have.
This section is a bridge rather than a separate set of rules: it does not create new procedure, it carries the procedure already set out for the general attachment framework into the county court setting.
Frequently Asked Questions
Do the additional-security and discharge-motion rules apply in county court attachment cases?
Yes. Section 25-1042 extends §§ 25-1039 through 25-1041 to actions before county courts.
Does a defendant in county court get a different discharge-hearing standard than one in district court?
No. The same standard applies — the plaintiff must prove a ground for attachment under § 25-1001 by a preponderance of the evidence, whether the case is in county court or district court.
Does this section create any new attachment procedure specific to county court?
No. It applies the existing procedure from §§ 25-1039 to 25-1041 to county court cases rather than setting out separate rules.
Can a defendant in county court move for additional security if the plaintiff’s surety is insufficient?
Yes, under the same terms § 25-1039 provides for other attachment actions.
Why would Nebraska need a separate section just to say these rules apply in county court?
County courts have distinct jurisdiction and procedural history from district courts, so the Legislature made clear that this attachment procedure carries over rather than leaving the question open to interpretation.