The order of the court or judge granting the attachment shall specify the amount for which it is allowed, not exceeding a sum sufficient to satisfy the plaintiff's claim and the probable costs of the action.
§ 25-1052.Attachment order in actions on claims not due; amount; specification.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires that an order granting an early attachment on a not-yet-due claim specify the amount allowed, capped at a sum sufficient to cover the plaintiff’s claim and the probable costs of the action.
Full Text of § 25-1052
Source
R.S.1867, Code § 240, p. 433; R.S.1913, § 7781; C.S.1922, § 8725; C.S.1929, § 20-1052; R.S.1943, § 25-1052.
Plain-English Summary
An attachment on a claim before it is due cannot be open-ended, given how much is riding on affidavits about a debt that has not yet matured. Section 25-1052 puts a defined limit on it. The order of the court or judge granting the attachment has to specify the amount for which it is allowed.
That amount cannot exceed a sum sufficient to satisfy the plaintiff’s claim and the probable costs of the action. In other words, the attachment can only reach as much of the debtor’s property as it takes to cover what the plaintiff stands to recover, plus a reasonable estimate of litigation costs — not an unlimited sweep of the debtor’s assets.
This cap matters most because the creditor in this posture is moving early, before the claim is even due, often on the strength of affidavits rather than a matured, undisputed debt. Tying the attachment to a specific, capped amount keeps the remedy proportionate to what the creditor could recover.
Frequently Asked Questions
Does the order granting an early attachment have to state a specific dollar amount?
Yes. The order must specify the amount for which the attachment is allowed.
Is there a cap on how much property can be attached under this type of order?
Yes. The amount cannot exceed a sum sufficient to satisfy the plaintiff’s claim and the probable costs of the action.
Does “probable costs of the action” mean the plaintiff can pad the amount attached?
No. It allows a reasonable estimate of litigation costs to be included alongside the claim amount, not an inflated cushion beyond what the case might reasonably cost.
Who sets this amount?
The court or judge granting the attachment specifies the amount in the order itself.
Why is this cap especially important for claims that are not yet due?
Because the attachment reaches property before the underlying debt has matured, tying it to a specific, limited amount keeps the remedy proportionate to the plaintiff’s eventual recovery rather than an open-ended seizure.
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: amount specified attachment order nebraskacap on early attachment amountprobable costs attachment orderhow much property can be attachedattachment order dollar limit