Small claims in Nebraska.
Nebraska's small claims court offers a streamlined process for resolving disputes up to $7,500 without attorney representation.
- Most you can sue for$7,500Same cap for individuals and businesses
- Filing fee$39-$54Varies by claim amount
- CourtCounty Court (Small Claims Division)
- Lawyers at trialNot allowedParties must represent themselves
- Appeal window10 daysAppeal to district court
- Recent changeJurisdictional limit increased to $7,500Effective July 1, 2025
Find your situation.
Nebraska small claims handles money disputes up to $7,500 (or $7,500 if you're a business). Browse 7 categories and 39 specific claim types below.
Nebraska allows you to file claims for breaches of contract and money owed up to $7,500. The statute of limitations is 5 years for written contracts and 4 years for oral contracts.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims court cannot handle eviction proceedings; these must be filed in county court.
Try instead: County Court
Title to real estate
Disputes involving ownership or title to real property are beyond the jurisdiction of small claims court.
Try instead: District Court
Defamation
Claims involving defamation, such as libel or slander, are not suitable for small claims court.
Try instead: District Court
Malpractice
Professional malpractice claims require complex evidence and are not handled in small claims court.
Try instead: District Court
Family law matters
Issues like divorce, child custody, and support are outside the scope of small claims court.
Try instead: District Court
Probate matters
Disputes involving wills, estates, and trusts are not handled in small claims court.
Try instead: County Court
Claims against the federal government
Small claims court does not have jurisdiction over cases against federal entities.
Try instead: Federal Court
Workers' compensation claims
These claims are handled by the Nebraska Workers' Compensation Court, not small claims court.
Try instead: Nebraska Workers' Compensation Court
Class actions
Small claims court is not equipped to handle class action lawsuits.
Try instead: District Court
Injunctions and specific performance
Small claims court cannot issue orders requiring someone to do or stop doing something.
Try instead: District Court
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not required, sending a demand letter can often resolve disputes without court intervention.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, starting the clock when the fraud is discovered.
File your case
File at the Small Claims Division of the County Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, filing fee and reasonable service costs are added to the judgment.
E-filing in Nebraska: E-filing availability varies by county; check with the local court clerk for options.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 7 days before the hearing (in the same county) or 10 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Sheriff personal service. Sheriff personally delivers the documents to the defendant.
- Certified mail by clerk. Clerk sends the documents via certified mail to the defendant.
File the proof of service (CC 6:3.6) at least 2 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, service by publication may be an option, but consult the court for guidance.
If the defendant is evading service, document attempts and consider alternative methods permitted by the court.
Show up to the hearing
Bench trial with informal procedures; each party presents their case directly to the judge.
Lawyers at trial: Not allowed. Attorneys are not permitted to represent parties in small claims court.
When you’ll get the decision: On the spot or mailed within a few days.
What to bring
- Contracts
- Receipts
- Photographs
- Witnesses
If the defendant doesn’t show up
If the defendant fails to appear, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant doesn't appear, the plaintiff must present evidence to support their claim.
If you’re the defendant being sued
Defendants are not required to file a written answer but should appear at the scheduled hearing.
Counter-suing the plaintiff: Allowed using CC 6:3.2 (Defendant’s Counterclaim). Serve the plaintiff at least 2 days before trial (same county) or 2 days (out of county).
Counterclaim bigger than the cap? If the counterclaim exceeds the small claims limit or the defendant wishes to have legal representation, the case may be transferred to county court. Neb. Rev. Stat. § 25-2804
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 12% interest per year while unpaid.
Wage garnishment
Have a portion of debtor's wages withheld until the judgment is paid.
How it works
File a writ of garnishment with the court, serve the employer, and the employer withholds a portion of the debtor's wages to satisfy the judgment.
Cost: $30-50 plus sheriff fees
Notes: Most effective when debtor is W-2 employed at a stable job.
What’s protected:
- 75% of disposable earnings (federal CCPA floor)
Bank levy
Seize funds from debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution from the court, serve the bank, and the bank freezes and transfers funds to satisfy the judgment.
Cost: $30-50 plus sheriff fees
Notes: Effective if debtor has sufficient funds in the account.
What’s protected:
- Certain federal benefits are exempt
Property lien
Place a lien on debtor's real property to secure the judgment.
How it works
File a certificate of judgment with the county recorder to place a lien on the debtor's property, which must be satisfied before the property can be sold or refinanced.
Cost: $20-30
Notes: Effective if debtor owns real property; may take time to realize payment.
What’s protected:
- Homestead exemption may apply
Writ of execution
Seize and sell debtor's personal property to satisfy the judgment.
How it works
Obtain a writ of execution from the court, the sheriff seizes debtor's non-exempt personal property, sells it at auction, and applies proceeds to the judgment.
Cost: $50-100 plus sheriff fees
Notes: Effective if debtor owns valuable non-exempt personal property.
What’s protected:
- Certain personal property is exempt
Multiple creditors? Priority rules.
Priority among multiple judgment creditors is generally determined by the order in which liens are filed.
Can you appeal if you lose?
either
- Deadline: 10 days from the judgment notice.
- Filing fee: $100.
- Form: CC 6:3.5 — Notice of Appeal.
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial in the district court.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Why cases get dismissed.
Exceeding the jurisdictional limit
What goes wrong: Filing a claim over $7,500 in small claims court will result in dismissal or transfer to a higher court.
How to avoid it: Ensure your claim does not exceed the $7,500 limit; if it does, file in county or district court.
Suing the wrong party
What goes wrong: Naming the incorrect defendant can lead to dismissal and wasted time.
How to avoid it: Verify the legal name and address of the party you're suing before filing.
Missing the statute of limitations
What goes wrong: Filing after the deadline results in automatic dismissal of your case.
How to avoid it: Check the statute of limitations for your specific claim type before filing.
Improper service of process
What goes wrong: Failure to serve the defendant correctly can delay or dismiss your case.
How to avoid it: Follow Nebraska's rules for serving process carefully, using authorized methods.
Not preparing evidence
What goes wrong: Lack of evidence can result in losing your case, even if you're in the right.
How to avoid it: Gather all relevant documents, photos, and witness statements before the hearing.
Failing to collect judgment
What goes wrong: Winning a case doesn't guarantee payment; you may need to take further steps.
How to avoid it: Learn about post-judgment collection methods like garnishment and liens.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources15 citations and statutes
- Nebraska Judicial Branch Small Claims Court Information
- Neb. Rev. Stat. § 25-2802 (Small Claims Court — jurisdiction and procedures)Neb. Rev. Stat. § 25-2802
- Neb. Rev. Stat. § 25-2806 (Appeal from small claims court)Neb. Rev. Stat. § 25-2806
- Nebraska Judicial Branch Court Filing Fees
- Nebraska Small Claims Court Forms (Judicial Branch)
- Service of Process in Civil Cases — Neb. Rev. Stat. § 25-505.01Neb. Rev. Stat. § 25-505.01
- Neb. Rev. Stat. § 28-611 (Issuing bad checks — civil penalty provisions)Neb. Rev. Stat. § 28-611
- Neb. Rev. Stat. § 25-21,109 (Treble damages for conversion/civil theft)Neb. Rev. Stat. § 25-21,109
- Neb. Rev. Stat. §§ 48-1228 to 48-1232 (Nebraska Wage Payment and Collection Act — final paycheck, wages)Neb. Rev. Stat. §§ 48-1228 to 48-1232
- Neb. Rev. Stat. § 76-1416 (Security deposit return and penalty)Neb. Rev. Stat. § 76-1416
- Neb. Rev. Stat. §§ 76-1416 to 76-1422 (Landlord and Tenant Act — Security Deposits, Remedies, Evictions)Neb. Rev. Stat. §§ 76-1416 to 76-1422
- Neb. Rev. Stat. §§ 59-1601 to 59-1622 (Consumer Protection Act — UDAP)Neb. Rev. Stat. §§ 59-1601 to 59-1622
- Neb. Rev. Stat. §§ 69-2601 to 69-2613 (Motor Vehicle Industry Regulation — Lemon Law)Neb. Rev. Stat. §§ 69-2601 to 69-2613
- Neb. Rev. Stat. § 25-1558 (Garnishment, procedure, exemptions)Neb. Rev. Stat. § 25-1558
- Neb. Rev. Stat. § 25-1552 (Wage garnishment limits and exemptions)Neb. Rev. Stat. § 25-1552
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.