How to file a small claims case in Nebraska, step by step

Ask for payment in writing

Nebraska doesn't require a demand letter before you file, but asking for payment first is a good idea.

Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.

Check the limit and your deadline

In Nebraska you can sue for up to $7,500 in the Small Claims Court (County Court).

Run the 60-second case check to see the last day you can file.

Collect the details the form asks for

• Your full name, address and phone
• The defendant's exact legal name and address
• For a corporation, its registered agent or officer to be served
• The amount you're asking for, up to $7,500
• A short description of what happened and when
• Whether the defendant is in the military (you can't proceed against someone on active duty within the last year without extra steps)

Find the defendant's exact legal name

Find the registered agent; you must name the person authorized to receive legal papers.

Search: Nebraska Secretary of State Corporation Search.

Gather your evidence

• The contract, lease, invoice or receipt
• Photos of the damage, dated if possible
• Texts, emails and letters with the other side
• Two written repair estimates or proof of what you paid
• Your demand letter and proof it was sent
• Names and contact details of any witnesses

Get the right form

CC 4:1: Small Claims Complaint (in the Plaintiff's Small Claims Packet, CC 4:20). Get the form.

Describe your claim clearly

• Who: you and the defendant, with full legal names and addresses
• What: the agreement or event, in 2–4 plain sentences
• When: the date it happened
• How much: the exact amount (no more than $7,500) and how you calculated it
• What you did: when you asked for payment and their response

Sign it the right way

Sign the complaint; fill in every field or it won't be set for hearing.

Make copies

Bring the original and one copy for each defendant, plus one for yourself.

File your claim

Choose how you'll file:

File in the county court of the county where the defendant or its agent lives or does business, or where the claim arose. Filing in the wrong county gets the case dismissed and you lose the fee.

Pay the filing fee

The filing fee is small: the base fee in state law is $6.25, and with the added state court fees the total is roughly $30. Check the Judicial Branch fee schedule. Service by certified mail, sheriff or process server costs extra. Can't afford it? Ask for a fee waiver: Affidavit and Application to Proceed Without Payment of Fees (DC 6:7.1).

Keep what the clerk gives you

The clerk issues the papers for service. Once service is complete or the certified mail return receipt is filed, the court sets the pretrial or trial date.

Have the papers served

Choose service by the sheriff (or a constable in Douglas and Lancaster counties), a process server, or certified mail using form CC 4:5. The case can't go to trial until the defendant is served.

Service must be done before the court sets your hearing; a counterclaim must be served on you at least 2 days before trial.

File proof of service

Small Claims Certified Mail Return (CC 4:5)

For certified mail, file the signed return receipt with form CC 4:5. The sheriff, constable or process server files their own return.

If service fails

Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.

Watch for the defendant's response

The defendant doesn't have to file an answer. They can file a counterclaim or setoff (CC 4:2) at least 2 days before trial, or ask to move the case to the regular docket.

Settling before the hearing

If you settle, tell the court in writing. The filing fee isn't refunded.

Get any settlement in writing, signed by both sides, with the amount and payment date.

Line up your witnesses

A witness who saw what happened is stronger than a written statement; some judges won't accept letters.

File a Praecipe for Subpoena (CC 4:6) and pay the witness fee and service fee.

Prepare your file

• Three copies of every document: for you, the judge and the defendant
• A one-page timeline of what happened, with dates
• A short sheet showing how you calculated the amount
• Photos printed or ready on your phone (ask the clerk if screens are allowed)

On the day

• Arrive at least 30 minutes early and tell court staff you're there
• Bring three printed copies of each piece of evidence
• Bring video on new, unused USB drives; the judge won't look at your phone
• Bring your witnesses or have subpoenas issued

Tell your story

Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.

If someone doesn't show up

If the defendant doesn't come, the judge can enter a default judgment after hearing your evidence. If you don't come, your case can be dismissed.

Know the appeal rules

Either side can appeal to district court within 30 days after the judgment. The judge reviews the county court record; no new evidence is allowed. You pay a docket fee and post a $50 appeal bond. If you lost by default, you can instead ask the county court to set it aside within 30 days.

Collect your money

The court doesn't collect for you. If they don't pay, you can use garnishment or other collection steps through the county court.

Close the case once you're paid

Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.