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§ 25-1055.Attachment in actions on claims not due; procedure in general.

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

In one sentenceThis section says that when a creditor attaches a debtor’s property on a claim that has not yet come due, the same attachment procedures that govern ordinary attachment apply, adapted as far as they fit a claim that is not yet payable.

Full Text of § 25-1055

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The proceedings under general attachment provided for in sections 25-1004 to 25-1041, so far as they are applicable, shall regulate the attachments authorized on claims before due.

Source

R.S.1867, Code § 243, p. 433; R.S.1913, § 7784; R.S.1922, § 8728; C.S.1929, § 20-1055; R.S.1943, § 25-1055.

Plain-English Summary

Nebraska normally lets a creditor attach property only after a debt is due. Section 25-1055 addresses the narrower situation covered by the sections just before it, where the law allows attachment on a claim that has not yet matured — for example, when a debtor is about to leave the state or dispose of assets before the debt comes due. Rather than write a whole separate procedure for that situation, the Legislature borrowed the one already on the books: the general attachment proceedings set out in sections 25-1004 to 25-1041 regulate attachments on claims before due, so far as those proceedings are applicable.

The phrase “so far as they are applicable” matters. A claim not yet due cannot have a judgment amount already fixed the way a matured debt can, so some of the ordinary attachment mechanics have to bend to fit that reality. Section 25-1055 does not spell out which specific adjustments apply; it directs the court and the parties to use the general attachment framework and adapt it where the timing of the claim requires it.

For a creditor considering this route, the practical takeaway is that pre-due attachment is not a separate procedural track with its own rules. It follows the same affidavit, bond, and levy requirements that govern any other attachment, with the understanding that a claim not yet due needs some accommodation in how those requirements are applied.

Frequently Asked Questions

Can a creditor attach property before a debt is even due?

Yes, in the limited circumstances that Nebraska law allows attachment on a claim not yet due. Section 25-1055 tells the court to use the general attachment procedure for that situation.

Does pre-due attachment follow different rules than ordinary attachment?

No separate rulebook exists. Section 25-1055 borrows the general attachment procedure in sections 25-1004 to 25-1041, applying it so far as it fits a claim that has not yet matured.

What does “so far as they are applicable” mean in this section?

It signals that some ordinary attachment mechanics, built around a debt already due, may need to be adapted when the underlying claim has not yet matured, without spelling out each specific adjustment.

Does a creditor still need to post a bond to attach property on a claim not yet due?

Yes. Because section 25-1055 applies the general attachment procedure, the bond and affidavit requirements that govern ordinary attachment carry over to this situation.

Where do I find the actual grounds and procedure for pre-due attachment?

The grounds for attaching a claim before it is due appear in the sections that precede 25-1055, while the mechanics of carrying out the attachment come from the general attachment procedure in sections 25-1004 to 25-1041.

Is this section itself a grant of authority to attach property early?

No. It is a procedural cross-reference. The authority to attach on a claim not yet due comes from other sections; this section directs how that attachment is carried out.

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
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