The plaintiff in such action shall not have judgment on his claim before it becomes due, and the proceedings on attachment may be conducted without delay.
§ 25-1054.Attachment in actions on claims not due; judgment; when rendered.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section bars a plaintiff from getting judgment on a not-yet-due claim before it becomes due, while allowing the attachment proceedings themselves to move forward without delay.
Full Text of § 25-1054
Source
R.S.1867, Code § 242, p. 433; R.S.1913, § 7783; C.S.1922, § 8727; C.S.1929, § 20-1054; R.S.1943, § 25-1054.
Plain-English Summary
The early-attachment procedure in §§ 25-1049 through 25-1052 lets a creditor act before a debt is due, but it does not let the creditor collect early. Section 25-1054 draws that line clearly: the plaintiff in such an action shall not have judgment on the claim before it becomes due. Attachment secures the eventual recovery; it does not accelerate it.
What can move forward without waiting is the attachment side of the case. The section specifies that the proceedings on attachment may be conducted without delay, even while the underlying claim sits unmatured. That split makes sense given the purpose of the whole early-attachment mechanism: the point is to keep the debtor’s property secured against dissipation while the claim ripens, not to let the creditor jump the line on getting paid.
Read alongside § 25-1052’s cap on the amount attached, this section confirms the narrow purpose of the early-claim procedure — protect the creditor’s eventual recovery from a debtor who is trying to put assets out of reach, without changing when the underlying debt falls due.
Frequently Asked Questions
Can a plaintiff get a judgment right away after obtaining an early attachment on a not-yet-due claim?
No. The plaintiff shall not have judgment on the claim before it becomes due, even though the attachment has already secured property.
If judgment has to wait, does the attachment process also have to wait?
No. The proceedings on attachment may be conducted without delay, separately from when judgment on the underlying claim can be entered.
What is the point of attaching property if the plaintiff cannot collect right away?
The attachment secures the debtor’s property against being sold, hidden, or moved out of reach while the claim matures, so that a judgment can still be satisfied once the claim comes due.
Does this section change when the underlying debt becomes due?
No. It only addresses when judgment can be entered and confirms that the debt’s actual due date is unaffected by the early attachment proceedings.
Once the claim becomes due, does the plaintiff need to do anything further to get judgment?
The statute here addresses only the timing bar on judgment before the claim is due; the ordinary rules for proceeding to trial and judgment on a matured claim apply once that date arrives.
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: no judgment before claim due nebraskaattachment proceeds while claim not dueearly claim judgment barredtiming of judgment on not due claimattachment without delay claim not due