No receiver shall be appointed except in a suit actually commenced and pending, and after notice to all parties to be affected thereby, of the time and place of the application, the names of the proposed receiver, and of his or her proposed sureties, and of the proposed sureties of the applicant. Such notice shall state upon what papers the application is based, and be served at least five days before the proposed hearing upon the adverse party in the manner provided for service of a summons in a civil action or upon the adverse party's attorney in the manner provided for service of a notice on an attorney.
§ 25-1082.Notice of application for appointment; service.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 1983 · Last verified July 22, 2026
In one sentenceBefore a Nebraska court can appoint a receiver, this section requires an actual pending suit and at least five days’ notice to every party who would be affected, naming the proposed receiver and the sureties on both sides’ bonds and the papers the application relies on.
Full Text of § 25-1082
Source
R.S.1867, Code § 267, p. 438; R.S.1913, § 7811; C.S.1922, § 8755; Laws 1927, c. 49, § 1, p. 199; C.S.1929, § 20-1082; Laws 1939, c. 17, § 1, p. 96; C.S.Supp.,1941, § 20-1082; R.S.1943, § 25-1082; Laws 1983, LB 447, § 40.
Plain-English Summary
Section 25-1082 builds due process into the receiver process. A court cannot appoint a receiver in the abstract — the appointment has to happen in a suit that has already been commenced and is pending, and every party who would be affected gets notice of the time and place of the hearing before it happens.
The notice has to do more than announce a hearing date. It must name the person proposed as receiver, name that person’s proposed sureties, name the sureties the applicant proposes for its own bond, and state what papers the application relies on. That gives the other side something concrete to examine and challenge before a court hands over control of contested property.
Timing matters too: the notice must reach the adverse party, or the adverse party’s attorney, at least five days before the hearing, served the way a summons or an attorney notice would be served. Section 25-1083 addresses the narrow exception for situations where waiting out that five-day period would itself put the property at risk.
Frequently Asked Questions
Does a receiver require a pending lawsuit?
Yes. Section 25-1082 states that no receiver shall be appointed except in a suit already commenced and pending.
How much notice must the other side get before a receiver hearing?
At least five days before the proposed hearing.
What must the notice include?
The time and place of the hearing, the names of the proposed receiver and the proposed sureties on both the applicant’s and the receiver’s bonds, and the papers the application is based on.
How is the notice served?
In the manner provided for service of a summons in a civil action, or, if served on an attorney, the manner provided for service of a notice on an attorney.
What if waiting five days would put the property at risk?
Section 25-1083 lets the court order the sheriff to take temporary possession of the property while an early hearing is set.
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: receiver appointment notice nebraskafive day notice receiver nebraskahow to request a receiver nebraska25-1082 notice requirementsserving notice of receiver application