Nebraska Small Claims Court Information
- Statues: Revised Statutes of Nebraska, Ch. 25, Article 28, Sections 01-07; Ch. 25, Article 27, Section F 28-39.
- Dollar Limit: $2,700 (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 with return receipt requested or by sheriff, sent according to court instructions.
- Hearing Date: Set by court.
- Attorneys: Not allowed.
- Transfer: If counterclaim exceeds $2,700, entire case transferred to County Court. Defendant may request transfer of case from small claims court to County Court docket; must request at least 2 days before hearing and must pay the difference in fees between the small claims court and the regular docket of County Court. 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. Attorney allowed on appeal.
- Special Provisions: No jury trial. Equitable relief available. Right to sue may not be transferred. Plaintiff limited to 2 claims per week up to 10 claims per year.
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. 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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