§ 25-1093.Replevin; delivery of property; notice, when required.

Replevin is a different type of remedy from the attachment and garnishment procedures covered earlier in this article. Attachment and garnishment go after a debtor’s assets to secure payment of money. Replevin goes after one specific piece of personal property — the item itself, not its cash value — that the plaintiff claims is wrongfully in the defendant’s hands.

Section 25-1093 opens Nebraska’s replevin statute by identifying who can use it and when. A plaintiff suing to recover possession of specific personal property may request delivery of that property either when the suit begins or at any point before the defendant answers. The mechanics of how that request works run through a set of sections listed here: 25-1093 through 25-1098, along with 25-10,109 and 25-10,110.

The section carves out one special case: a replevin action brought under the Grain Warehouse Act follows its own notice rule, found in section 88-547.02, instead of the general replevin notice procedure that follows in the sections after this one.