How do I file a small claims case in Nebraska to get money someone owes me?
In Nebraska, money-claim cases that fit the small claims rules are started by filing a claim in the county Small Claims Court. The court will set a hearing, require service on the defendant, and handle the matter informally so issues are decided quickly. Procedural limits apply, for example certain provisional remedies cannot be filed in Small Claims Court and matters are tried without a jury.
If the defendant does not answer, a default judgment process is available using verified evidence. If either party wants the fuller procedures of the regular county docket, the case may be transferred before the hearing, and an appeal to district court is possible under the usual appeal rules.
Current Nebraska law
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The deadline that matters
Notice of the hearing must be served on the defendant not less than five days before the hearing under Neb. Rev. Stat. § 25-2804.
What Nebraska law says
The statute provides that actions in Small Claims Court are commenced by filing a claim in county Small Claims Court and paying the filing fee, and that the court will set a hearing and cause notice to be served on the defendant not less than five days before the hearing, with service made as provided for service of a summons in a civil action: Neb. Rev. Stat. § 25-2804. Each county court has a Small Claims Department: Neb. Rev. Stat. § 25-2801. The Small Claims Court requires only the claim and any counterclaim or setoff, and hearings are informal with relaxed evidence rules; money judgments may be paid forthwith after appeal time or executed like other county court judgments: Neb. Rev. Stat. § 25-2806. A defendant may transfer the case to the regular county docket by notice at least two days before the hearing and the court will transfer the matter accordingly: Neb. Rev. Stat. § 25-2805. For default judgments, the court may enter judgment after verified petition, affidavits, or sworn testimony establishing a claim: Neb. Ct. R. § 6-1432. Rules also govern who may proceed under the Act and required forms, plus service methods and timing: see Neb. Ct. R. § 6-2202, Neb. Ct. R. § 6-1108, and Neb. Ct. R. § 6-1105.
What to do
A common first step is to prepare and file a completed small claims claim form with the county Small Claims Court and pay the filing fee as provided in Neb. Rev. Stat. § 25-2804.
A common next step is to follow court instructions for serving the defendant so notice is given at least five days before the hearing, using the service methods the rules allow: see Neb. Ct. R. § 6-1105.
A common step before the hearing is to gather and organize evidence and any originals you may need to surrender for default claims, since default judgment procedures and evidence requirements are addressed in the rules: see Neb. Ct. R. § 6-1432.
A common option is to be prepared for an informal hearing before the judge, or for the defendant to move the case to the regular county docket by giving notice at least two days before the hearing: Neb. Rev. Stat. § 25-2805.
A common post-judgment step is to follow the court’s directions about payment or execution if a money judgment is entered and the appeal period or procedures apply as provided in the statutes and rules.
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Common questions
How do I serve the defendant with the small claims complaint?
Service must follow the methods provided for service of a summons in a civil action and the court will provide instructions if service will be by certified mail; see Neb. Rev. Stat. § 25-2804 and Neb. Ct. R. § 6-1105.
What if the defendant does not appear at the hearing?
If a defendant fails to appear, the plaintiff may seek a default judgment using verified evidence, affidavits, or sworn testimony as allowed by the court rules: see Neb. Ct. R. § 6-1432.
Can I get a jury trial in small claims court?
No, matters in Small Claims Court are tried to the court without a jury, though a case transferred to the regular county docket may include a jury demand within the usual timeframes: see Neb. Rev. Stat. § 25-2805.
Can the defendant raise a counterclaim?
Yes, the defendant may file a setoff or counterclaim, but it must be filed and a copy delivered to the plaintiff at least two days prior to trial; if it exceeds Small Claims jurisdictional limits, the matter will be transferred to the regular county docket: see Neb. Rev. Stat. § 25-2804.
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This page provides legal information about Nebraska small claims procedures, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
