Every order appointing a receiver without the notice provided for herein shall be void, and every such order heretofore made, under which the appointee has not possessed himself of the property in question, shall be suspended until an order shall have been made and the bonds executed and filed in accordance with the provisions of sections 25-1081 to 25-1092.
§ 25-1089.Appointment of receiver without notice; void; suspension of order, when.
Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section makes any receiver appointment made without the required notice void, and suspends even earlier such orders — if the receiver has not yet taken possession of the property — until a proper order is issued and the required bonds are executed and filed.
Full Text of § 25-1089
Source
R.S.1867, Code § 274, p. 439; R.S.1913, § 7818; C.S.1922, § 8762; C.S.1929, § 20-1089; R.S.1943, § 25-1089.
Plain-English Summary
Section 25-1089 enforces the notice requirement in section 25-1082 with a firm consequence. Any order appointing a receiver without the notice the statute requires is void — it has no legal force.
The section also reaches back to orders already entered. If a receiver was appointed without proper notice and has not yet taken possession of the property, that earlier order is suspended. It stays suspended until a proper order is made and the bonds required by sections 25-1081 to 25-1092 are executed and filed.
The practical effect closes off a workaround: a receiver cannot take possession of contested property on the strength of an appointment that skipped the notice process, and once a receiver has not yet acted on a defective order, that order gains no force until it is fixed.
Frequently Asked Questions
What happens if a receiver is appointed without giving the required notice?
The order appointing the receiver is void.
Does this affect receiver appointments already made before this rule is applied?
Yes. If the receiver has not yet taken possession of the property, the earlier order is suspended.
How does a suspended order become valid?
Can a receiver take possession of property under a notice-less order?
No. That order is void and confers no authority to act.
Which sections govern the bonds this section requires before an order becomes effective?
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 appointed without notice voidinvalid receiver order nebraska25-1089 suspensionnotice requirement receiver nebraskadefective receiver appointment nebraska