Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1002 (2026)

Attachment; affidavit of plaintiff; contents

✓ current as of July 2026
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An order of attachment shall be approved by a judge of any district court or county court only after there has been presented to him or her an affidavit or affidavits based upon personal knowledge (1) that the facts set forth in plaintiff's complaint which state a valid cause of action and the amount plaintiff is entitled to recover are true, (2) describing the existence and approximate value of any of defendant's property known to the plaintiff to be subject to the jurisdiction of the court, and (3) stating specific facts demonstrating reasonable cause that one or more of the grounds for an attachment enumerated in section 25-1001 exist.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1957–2023 · leading case: Aaron Ferer & Sons Co. v. Berman, 431 F. Supp. 847 (D. Neb. 1977).
Aaron Ferer & Sons Co. v. Berman, 431 F. Supp. 847 (D. Neb. 1977). · cites it 8× “Neb.Rev.Stat. § 25-1002 (1975) provides as follows: An order of attachment shall be made by the clerk of court in which the action is brought, in any case mentioned in section 25-1001, when there is filed in his office an affidavit of the plaintiff, his agent or attorney showing…”
Andrews v. Schram, 562 N.W.2d 50 (Neb. 1997). “§ 25-1001 requires that one of eight specific exigent circumstances exist before property may be attached or garnished, § 25-1002 requires that a judge find reasonable cause exists to attach the property based on fact-specific affidavits submitted at the hearing, § 25-1003…”
Woodring v. Jennings State Bank, 603 F. Supp. 1060 (D. Neb. 1985). · cites it 2× “Neb.Rev.Stat. § 25-1002 (Cum.Supp. 1982) (amended eff.”
Nat'l Reefer Serv., Inc. v. Felman, 83 N.W.2d 547 (Neb. 1957). · cites it 2× “The determination of whether or not an affidavit for attachment is sufficient depends upon whether or not there has been a compliance with the requirements of section 25-1002, R. R. S.- 1943. The requirements are that it shall contain the nature of the claim, a declaration that…”
Ceres Fertilizer, Inc. v. Beekman, 290 N.W.2d 199 (Neb. 1980). · cites it 2× “” The affidavit having complied with the provisions of section 25-1002, R. R. S. 1943, the clerk issued an order of attachment to the sheriff of Chase County, reciting that plaintiff had filed the “necessary affidavit and undertaking” and directing the sheriff to attach “lands,…”
Ins. Co. of North Am. v. Maxim's of Nebraska, 132 N.W.2d 885 (Neb. 1965). “A review of the history of the statutes in question reveals that they have stood in the same interrelationship since their inception.”
CRW Mech. Consulting & Fabrication, LLC v. Sandine (D. Neb. 2019). · cites it 6× “” Neb. Rev. Stat. § 25-1001 (8). See Filing 9 at 2, 4-5.”
Int'l Bhd. of Elec. Workers Local Union No. 22 v. Langer Elec. Co., Inc. (D. Neb. 2023). “1965) (“Sections 25-1002 to 25-1041 . . . in which [section 25-1010] is included, comprise a comprehensive act governing general attachment and regulate attachments before judgment.”
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