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§ 25-1046.Attachment; copy of order; taxation as costs.

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

In one sentenceThis section entitles the officer who makes and files the certified copy of an out-of-county attachment order to ordinary statutory compensation for that work, taxed as costs in the case unless the court orders otherwise.

Full Text of § 25-1046

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The officer, for making out said copy of the same, shall receive such compensation as is now allowed by law for similar services, to be taxed in the costs, unless otherwise ordered by the court.

Source

G.S.1873, c. 57, § 4, p. 714; R.S.1913, § 7775; C.S.1922, § 8719; C.S.1929, § 20-1046; R.S.1943, § 25-1046.

Plain-English Summary

Making a certified copy of an attachment order, certifying it, and filing it with a register of deeds in another county under § 25-1043 takes real time and effort. Section 25-1046 makes sure the officer doing that work gets paid for it. The officer receives the same compensation the law already allows for similar services — nothing special or above the ordinary fee schedule — for making out the copy.

That compensation gets taxed as costs in the underlying case, following the usual practice of assigning routine litigation expenses to the case itself rather than treating them as a separate charge the plaintiff or officer has to absorb outright. The one qualifier is that the court can order otherwise, giving it discretion to allocate the expense differently if the circumstances call for it.

Frequently Asked Questions

Does the officer get paid extra for making a copy of an attachment order for another county?

No extra fee — the officer receives the compensation already allowed by law for similar services.

Who ultimately bears the cost of making and filing this copy?

It is taxed as costs in the case, following the standard practice for litigation expenses, unless the court orders otherwise.

Can the court change who pays for this expense?

Yes. The section allows the court to order the cost handled differently instead of the default rule of taxing it as costs.

Does this fee cover the register of deeds’ recording work too?

No. This section addresses the officer’s compensation for making out the copy; recording fees charged by the register of deeds are a separate matter.

Is there a set dollar amount this section establishes for the officer’s fee?

No. It ties the compensation to whatever amount the law otherwise allows for similar services, rather than setting a specific figure in this section.

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: officer fee attachment copycost of filing attachment land recordstaxed as costs attachment nebraskacompensation for attachment copyattachment filing fee county