Plaintiffs Claim And Notice To Defendant Small Claims Court Page 2
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1
2SMALL CLAIMS COURT
Additional forms for Small Claims Court are available
civil docket by filing and serving a notice of transfer at
online at and additional
least two days prior to the time of trial. A transfer fee
information about Small Claims Court is available at
must be paid upon filing either the transfer to the regular
/self-help/#small
or from
docket or a counterclaim in excess of $3,600. Forms for
the county court.
the transfer or counterclaim or setoff are available online
or at the county court.
The Small Claims Court provides a method of settling
legal disputes involving claims for $3,600 or less. Court
If the claim/case is settled or paid prior to the trial, the
procedure is informal and without a jury. You cannot be
court must be notified in writing so the trial can be
represented by an attorney in Small Claims Court;
canceled. This is usually done by the plaintiff.
however, you are allowed to seek an attorney’s advice
about your case.
At the trial, both the plaintiff and the defendant may have
witnesses to support their positions. If a witness is
For assistance in resolving the dispute out of court,
unwilling to appear voluntarily, or to provide evidence, the
Nebraska has six court-approved mediation centers
parties may request a subpoena (order to appear) or
across the state to assist individuals with settling disputes
subpoena duces tecum (order to produce documents).
outside of the court system. Contact information for
The subpoena must be requested, paid for, issued, and
Nebraska
Office
of
Dispute
Resolution
approved
served before the court date. Parties may also present
mediation
centers
can
be
found
at
other evidence, for example, contracts or canceled
/5682/odr-overview. In some
checks. It is the responsibility of the person filing the case
cases, mediation is offered before the case is heard by a
to prove the case and the amount due.
judge. Court staff will inform you if this option is available
in your county.
If either party is not satisfied with the judge’s decision,
The person making the claim is known as the plaintiff.
the party may, within 30 days of the judgment, appeal to
The other party is the defendant. Small Claims cases can
the district court. When filing an appeal, the fees include
be filed in the county where the defendant lives or does
a district court filing fee, an appeal bond, and costs for
business or in the county where the legal dispute
the copying of the file (transcript of pleadings) and the
occurred. Except for merchants claiming a loss due to
typed record of the court proceedings (bill of exceptions).
shoplifting, no one may file more than two complaints in a
If you wish to stop collection of the judgment during the
calendar week or more than ten complaints in a calendar
appeal process, a supersedeas bond should be filed with
year. The plaintiff fills out the claim form and signs it in
the court in the amount of the judgment and costs. Once
the presence of a court clerk or notary. The clerk sets a
the case is appealed and in the district court, the record
date for trial. The plaintiff decides how the notice will be
of the small claims court will be reviewed for error.
served and is responsible for service. The filing fee and
Additional information for this process is also found on
service fees are paid in advance by the plaintiff. If the
the Supreme Court Web site.
plaintiff wins, these costs are added to the judgment
which the defendant must pay.
If a party did not appear at the trial, a default judgment
may be entered by the judge. A party may appeal such
The plaintiff and defendant must appear in the court at
default judgment to the district court as noted in the
the time shown on the notice. If the defendant does not
paragraph above. If a party wishes to contest a default
appear, a judgment can be entered against him or her. If
judgment with a motion for new trial, the motion can be
the parties are not able to appear at the time set for trial,
filed within 10 days or less of the default judgment. If
he or she should notify the court clerk in writing as soon
more than 10 days have passed since the entry of the
as possible and explain why. The court may continue the
default judgment, the court may set aside, vacate, or
trial to a later date if there is a good reason. Mere
modify the default judgment as provided in § 25-2720.01.
inconvenience is never considered sufficient. The
defendant has the right to file a counterclaim or setoff.
It is the duty of the party who wins the case to collect the
Both filing and service upon the plaintiff must be
judgment--the property or money which the judge has
completed at least two days prior to the time of trial. In a
granted to him or her. If the losing party does not
counterclaim, the defendant says that the plaintiff is at
voluntarily pay or agree to pay the judgment awarded,
fault rather than the defendant. In a setoff, the defendant
the party winning the lawsuit will have to start collection
says he or she may owe something, but that the plaintiff
procedures.
also owes something. If the amount of the counterclaim
or setoff exceeds $3,600, the case will be transferred to
An attorney can help you with postjudgment processes,
regular civil docket and handled with a regular civil
including appeals, motions for new trial, or to set aside,
lawsuit. The defendant may request that the case be
vacate, or modify a default judgment and collection of the
transferred out of the Small Claims Court to the regular
judgment.
Appendix 4 amended April 24, 2013; amended January 22, 2015; amended June 24, 2015, effective July 1, 2015.
Page 2 of 2
Appendix 4 (Neb. Ct. R. – Chapter 6, Article 14
Plaintiff's Claim and Notice to Defendant
CC 4:1 Rev. 07/15
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