Plaintiff's Claim and Notice to Defendant
Nebraska Small Claims Court
Note: This summary is not intended to be an all inclusive
discussion of the law and procedures of small claims in Nebraska, but it
does contain basic and other information. This summary only discusses civil
claims (property and money claims that may be filed in small claims court).
Criminal charges are not discussed.
Definition -
Small claims courts, also sometimes called "Peoples Court", is a court of limited jurisdiction.
Limited jurisdiction means only certain matters may be filed and heard
by the small claims court. There is also a maximum claim amount limitation.
Small claims court offer a quick, informal and inexpensive way of resolving
many types of disputes you may have with particular individuals or companies.
Maximum Amount of Claim Small Claims Court may
hear in Nebraska:
$2,400.00
Which Court hears small claims in Nebraska?
In Nebraska, small claims are handled by the county court. Those cases which
do not exceed a monetary amount of $2,400.00 may be adjudicated by the
small claims division.
Who hears the claims in small claims court?
The claim will be heard by a judge.
Claims over which the Small Claims Court has Jurisdiction:
The small claims court in Nebraska may hear any of the following
claims if the amount in controversy does not exceed $2,400.00:
4. The above list is not exhaustive but does contain most of the
common claims. The following claims MAY NOT be heard in small claims court:
libel, slander, professional malpractice, assigned claims, and punitive
damages.
Who may file a claim in small claims court?
An individual, partnership or corporation (or LLC) may file a claim
against another individual(s), partnership or corporation (or LLC) in small
claims court if jurisdiction exists to hear the claim and the amount of
the claim or property involved does not exceed $2,400.00.
Must you be represented by an attorney?
Attorneys may not participate in the proceedings.
Things to do before you File a Claim:
Get the facts straight so you can complete the forms correctly and answer any
questions court personnel may need to know. Be sure to obtain the correct
legal name of the defendant, correct address and place/address of employment.
If the defendant is a Corporation or Limited Liability Company you would
use the legal corporate or LLC name as the defendant. If the defendant
is a Corporation or LLC, you may need to contact the secretary of state
in your state and obtain the proper name and address to serve with a copy
of the suit. This person is called a registered agent and is designated
by the corporation to receive process or summons when the corporation is
sued. Be sure to also contact the small claims court to determine the filing
fee for filing the claim.
How to File the Claim:
To start a small claim proceeding you must file a claim form with the clerk of the county
court. The claim form requires a brief statement of the reasons the plaintiff
(the person filing the claim) believes that money is owed or that property
should be returned. The defendant (the person being sued) must be properly
served with a copy of the claim. The plaintiff must know the defendant's
proper name and whether the defendant is an individual, a corporation,
a partnership or other legal entity.
If the plaintiff fails to properly identify the defendant or fails
to obtain proper service upon the defendant, the claim may be dismissed
and the filing fees forfeited. The plaintiff must also provide the best
information as to the defendant's address and must decide whether to have
the sheriff serve the notice of the small claim on the defendant or to
have it served by certified mail.
The claim form must be signed before a judge, a clerk, deputy or
assistant clerk of the county court, a notary public, or other person authorized
by law to take acknowledgments. It may be filed in person or by mail and
must be accompanied by the appropriate fees to the court. A filing fee
of $6.00 and anticipated costs of service are charged at the time the claim
is filed. Court personnel will inform you of the proper amount. The plaintiff
can recover these costs as part of the judgment if the case is successful.
You must file small claims actions in the county where the defendant
or defendant's agent resides or is doing business or in the county in which
the cause of action arose. If you file in the wrong court, your case will
be dismissed and you will lose the filing fees and prepaid costs. Except
for a merchant who is claiming a loss due to shoplifting, a party is limited
to filing no more than two small claims within any calendar week and no
more than 10 claims in any calendar year.
Who serves the Defendant with summons or process
and how is the defendant served:
The defendant may be served by the sheriff or by certified mail.
Return of Summons:
The sheriff, constable, or other process server shall, after effecting service, endorse that fact on a copy
of the summons and return it to the court clerk who will make the appropriate
entry on the docket sheet of the action.
Removal to another Court:
A defendant in a small claims court action may remove the case from small claims court
and have it considered as a regular civil case on the county court docket.
The defendant or defendant's attorney must request the transfer at least
two days before the hearing time and must pay the difference in fees between
the small claims court and the regular docket of county court. When this
is completed, the case is automatically transferred by the court; the law
does not permit the plaintiff to object to the transfer. After the transfer,
both the defendant and the plaintiff may have a lawyer represent them during
the trial. A defendant desiring a jury trial must ask for a jury trial
at the time the transfer is requested.
How are hearings scheduled?
The clerk of the court will provide you with the procedure to set the case for trial
or hearing at the time you file your claim.
Subpoena of Witnesses:
If witnesses are required but unwilling to voluntarily attend unless they are subpoenaed,
you may obtain a subpoena issued by the court clerk for service on the
witness. The subpoena is an order for the witness to appear at the hearing
and testify. Some employers may require that an employee be subpoenaed
in order to be excused from work.
Trial Procedures:
The trial procedure is generally more informal than other courts although the formality will vary
from county to county and judge to judge. The case will usually be called
in open court and you will respond that you are present and ready to proceed.
You will then be advised when to present your claim. Be prepared
to present your claim in your own words. Be prepared to question witnesses
if witnesses are needed.
What happens if the defendant does not appear at
trial?
Usually, if the defendant does not appear at trial,
a default judgment will be entered in your favor for the amount of the
claim or other relief.
Judgment:
If the defendant fails to appear, or if the court rules for you after the hearing, a judgment
will be entered by the court for the amount of the claim, or other relief
sought.
Appeal:
If either party is dissatisfied with the outcome of the case, he or she may appeal the case. The appealing
party, within 30 days after the initial ruling is issued, must file a notice
of appeal with the court clerk.
Collection of Judgment:
The prevailing party may collect his or her money judgment through garnishment or a writ
of execution.
Other Matters:
Are Motions allowed?
Motions are allowed by the parties on a limited basis.
Continuances:
A continuance will only be allowed for good cause.
Out-of-Court Settlement:
In most cases, neither party is one hundred percent right or wrong. You are encouraged
to try to settle your case before trial. If a settlement is agreed to,
the parties should notify the court prior to the time set for trial and
the case will be dismissed or a judgment entered according to your agreement.
For the protection of all participants, the notice of settlement and request
for dismissal should be in writing. Filing fees are not refundable.
When Payment is Received:
When the judgment has been satisfied, the receiving party must send written notice to the
court that the judgment has been satisfied.
Cross-Claims, Counterclaims, and Third-Party Claims:
When the defendant receives notice of the small claims filing, he or she may
file a "counterclaim" or "setoff" with the court. A counterclaim is a statement by the defendant that he or she is
owed money or property by the plaintiff. A setoff is an admission by the
defendant that he or she owes some money to the plaintiff, but that the
plaintiff also owes the defendant money.
If the defendant wishes to file a counterclaim or setoff, the clerk
of the county court can provide the proper forms. The defendant must provide
a concise statement of why the money is owed by the plaintiff. The defendant
must file the counterclaim or setoff with the court and have notice served
on the plaintiff at least two days prior to the time of trial.
What happens if a defendant has filed bankruptcy?
If the plaintiff has filed a claim against the defendant and the plaintiff
is aware that the claim is listed as a debt in a bankruptcy proceeding,
federal law prohibits the plaintiff from pursuing the claim in small claims
court.
Common Forms used in Small Claims Court:
Claim Statement/Complaint
Summons
Return of Summons
Answer
Subpoena
Abstract of Judgment
Statutes:
Nebraska Statutes Chapter 25:
25-2804 Actions; how commenced; fee; hearing; notice;
setoff or counterclaim; limitations.
(1) Actions in the Small Claims Court
shall be commenced by the filing of a claim, personally or by mail, by
the plaintiff on a form provided by the clerk of a county court. The claim
form shall be executed by the plaintiff in the presence of a judge,
a clerk or deputy or assistant clerk of a county court, or a notary public
or other person authorized by law to take acknowledgments. If not
filed in person, the claim form and appropriate fees shall be mailed by the plaintiff to the court
of proper jurisdiction.
(2) At the time of the filing of the claim,
the plaintiff shall pay a fee of five dollars to the clerk.
(3) Upon filing of a claim in the Small Claims Court, the court shall set a time for hearing
and shall cause notice to be served upon the defendant. Notice shall
be served not less than five days before the time set for hearing.
Notice shall consist of a copy of the complaint and a summons directing
the defendant to appear at the time set for hearing and informing the defendant
that if he or she fails to appear, judgment will be entered against him
or her. Notice shall be served in the manner provided for service
of a summons in a civil action. If the notice is to be served by certified
mail, the clerk shall provide the plaintiff with written instructions,
prepared and provided by the State Court Administrator, regarding the proper
procedure for service by certified mail. The cost of service
shall be paid by the plaintiff, but such cost and filing fee shall be added
to any judgment given the plaintiff.
(4) The defendant may file a setoff or counterclaim. Any setoff
or counterclaim shall be filed and a copy delivered to the plaintiff
at least two days prior to the time of trial. If the setoff or counterclaim
exceeds the jurisdictional limits of the Small Claims Court as established
pursuant to section 25-2802, the court shall cause the entire matter
to be transferred to the regular county court docket and set for trial.
(5) No prejudgment actions for attachment, garnishment, replevin,
or other provisional remedy may be filed in the Small Claims Court.
(6) All forms required by this section shall
be prescribed by the Supreme Court. The claim form shall provide
for the names and addresses of the plaintiff and defendant,
a concise statement of the nature, amount, and time and place of accruing
of the claim, and an acknowledgment for use by the person in whose presence
the claim form is executed and shall also contain a brief explanation of
the Small Claims Court procedure and methods of appeal therefrom.
(7) Judgments rendered against a defendant in his or her absence may
not be set aside but may only be appealed as governed by section 25-2807.
25-2805 Trial without jury; transfer to county court; fee.
All matters in the Small Claims Court shall be tried to the court
without a jury. Except as provided in section 25-2618.01, any
defendant in an action or such defendant's attorney may transfer the case
to the regular docket of the county court by giving notice to the court
at least two days prior to the time set for the hearing. Upon such
notice the case shall be transferred to the regular docket of the county
court. At the same time as such notice is given to transfer the case, any
defendant or such defendant's attorney may demand trial by jury, and the
Small Claims Court shall forward the demand to the county court.
The party causing the transfer of a case from the Small Claims Court to
the regular docket shall pay as a fee the difference between the
fee for filing a claim in Small Claims Court and the fee for filing a claim
on the regular docket. In any action transferred to the regular docket
there shall be no further pleadings, demurrers, motions
challenging pleadings, or discovery unless ordered by the court upon a
showing that any such procedure is necessary to the prompt and just determination
of the action.
Small Claims Rules:
This summary contains some of the provisions from the Nebraska Statutes but does not include
a comprehensive discussion of all the statutes. For all statutes
which apply to Small Claims actions in Nebraska see http://statutes.unicam.state.ne.us/Statutes/lpext.dll?f=templates&fn=main-j.htm&2.0.
Go to Chapter 25 and review sections 25-2801 through 25-2807.
