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Nebraska Small Claims Court

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Statues: Revised Statutes of Nebraska, Ch. 25, Article 28, Sections 01-07; Ch. 25, Article 27, Section F 28-38 (appeals).

Dollar Limit:: $2400 (Adjusted every 5 years based on Consumer Price Index) Where To Sue: Where defendant or agent resides or does business or where breach or injury occurred. Corporation resides where it does business or has agent.

Service: Certified mail or sheriff sent according to court instructions.

Hearing Date: Set by court.

Attorneys: Not allowed.

Transfer: Defendant may request transfer of case from small claims court to County Court docket. Must request transfer at least 2 days before the hearing time and must pay the difference in fees between the small claims court and the regular docket of County Court. By law, plaintiff cannot object to transfer. After transfer, both the defendant and plaintiff may have an attorney. Jury trial must be requested when transfer is requested.

Appeals: By either side for new trial; to District Court within 30 days. Attorneys are allowed, but jury trial is not permitted.

Special Provisions: Equitable relief available. Right to sue may not be transferred. Limit of 2 claims a week up to10 claims a year per plaintiff.

Note: This section outlines the special rules that apply to the small claims courts of all 50 states and the District of Columbia. Filing fees are not listed because they vary greatly and change frequently. This information was last updated in 2004. Because court rules may change at any time, always check with the clerk of the small claims court to verify the accuracy of the information given for your state.

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May 17 2008

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