Nebraska Small Claims Court Guide
Everything you need to know about filing a small claims case in Nebraska — dollar limits, filing fees, court locations, and step-by-step guidance.
Nebraska Quick Facts
Maximum Claim
$3,900
Filing Fee
$35
Court fees added to your case — not due today
Court
Small Claims Court (County Court)
Overview
Small Claims in Nebraska
Nebraska small claims court is a division of the County Court and handles civil disputes where the amount claimed does not exceed $3,900. The court provides a simplified and affordable process for resolving monetary disputes. Nebraska is distinctive in its total prohibition on attorney participation in small claims court, making it one of the strictest states in this regard.
The filing fee in Nebraska is a flat $35, which is recoverable as a court cost if you prevail in your case. The informal proceedings are designed for self-represented litigants, and attorneys are strictly prohibited from appearing in any capacity in small claims court. The simplified rules of evidence make it practical for people without legal training.
Nebraska small claims court is strictly for money recovery and cannot handle cases seeking property return or injunctive relief. The court is commonly used for collecting unpaid debts, recovering security deposits, seeking compensation for property damage, and resolving breach of contract matters. The court can award monetary judgments, including filing fees and court costs.
To file, you must submit a claim form to the County Court serving the county where the defendant lives or where the dispute occurred. After filing, the court issues a summons for service on the defendant, typically by certified mail or a private process server. The hearing is usually scheduled within 30 to 60 days.
Where to File
File in the County Court of the county where the defendant lives, works, or where the incident occurred. For business defendants, file where the business is located or where the contract was to be performed.
Service of Process
Service may be completed by certified mail, sheriff, or a private process server. Certified mail is commonly used for small claims cases in Nebraska. The defendant must be served at least 14 days before the hearing.
Statute of Limitations
Written contracts: 5 years. Oral contracts: 4 years. Property damage: 4 years. Personal injury: 4 years. Fraud: 4 years from discovery.
Appeal Rules
Either party may appeal to the District Court within 30 days. The case is retried de novo.
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