Nebraska Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in Nebraska: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for Nebraska
- Small claims limit
- $7,500 (since July 1, 2025), not counting interest and costs, for money, damages or personal property, or to cancel a contract for goods or services of that amount or less. Neb. Rev. Stat. § 25-2802
- Filing fee
- $58 total to file a small claims case (the $6.25 statutory fee plus other court costs). Service costs are extra and are paid by the plaintiff; they may be added to the judgment if the plaintiff wins. Nebraska Judicial Branch, Filing Fees and Court Costs; Neb. Rev. Stat. § 25-2804(2)
- Are lawyers allowed?
- No. No party may be represented by an attorney in small claims court. Attorneys may participate only after the case is transferred to the regular county court docket, on post-default motions, or on appeal. Neb. Rev. Stat. §§ 25-2803(2), 25-2804(7), 25-2805, 25-2807
- Appeals
- Either party may appeal to the district court within 30 days after the judgment is entered by filing a notice of appeal with the county court clerk, depositing the district court docket fee (or a poverty affidavit) and a $50 cash bond or surety undertaking, and serving the other parties. The district court reviews the record for error rather than holding a new trial. Attorneys may represent parties on appeal. Neb. Rev. Stat. §§ 25-2807, 25-2729
Court: Small Claims Court (a division of the County Court). Last verified: 2026-10-24.
How to file a small claims case in Nebraska
- Confirm your claim is $7,500 or less and that you were a party to the transaction (assigned claims are not allowed).
- Fill out the small claims form CC 4:1, online or at the court, and sign it.
- File it with the county court clerk where the defendant lives or does business or where the claim arose, and pay the $58 filing fee.
- Choose service by sheriff, process server or certified mail and pay the service cost; the defendant must be served at least 5 days before the hearing.
- If you are the defendant, file any counterclaim at least 2 days before trial, or ask at least 2 days ahead to transfer the case to regular county court if you want a lawyer or jury.
- Consider mediation if offered, then present your case to the judge at the informal hearing without lawyers.
- Either side may appeal to district court within 30 days with the docket fee and a $50 bond.
- If the judgment is not paid, use garnishment or execution, and file a certified copy in district court to create a real estate lien.
Can you use small claims court?
| Small claims limit | $7,500 (since July 1, 2025), not counting interest and costs, for money, damages or personal property, or to cancel a contract for goods or services of that amount or less. Raised from $6,000 by Laws 2024, LB139. Source: Neb. Rev. Stat. § 25-2802 |
|---|---|
| Who can file | Individuals, partnerships, LLCs, corporations, unions, associations and other entities. Only a party to the transaction with the defendant may file, and assigned claims are not allowed. No party may file more than 2 claims in a calendar week or 10 in a calendar year. Businesses appear through a partner, member, manager or employee. Source: Neb. Rev. Stat. § 25-2803 |
| Are lawyers allowed? | No. No party may be represented by an attorney in small claims court. Attorneys may participate only after the case is transferred to the regular county court docket, on post-default motions, or on appeal. |
Filing your case
| Where to file | With the county court clerk in the county where the defendant (or the defendant's agent) lives or does business, or where the cause of action arose. A case filed in the wrong court is dismissed and the fees are lost. |
|---|---|
| Official forms | To start a small claims case in Nebraska, file a claim form (CC 4:1) with the clerk of the county court, in person or by mail, with the filing fee. The court also offers a Plaintiff's Small Claims Packet and a Defendant's Small Claims Packet, a Counterclaim or Setoff form (CC 4:2) and a certified mail service form (CC 4:5). The form can be filled in online and printed, or completed at the court. Plaintiff's packet: https://nebraskajudicial.gov/sites/default/files/CC-4-20-D4.pdf |
| Filing fee | $58 total to file a small claims case (the $6.25 statutory fee plus other court costs). Service costs are extra and are paid by the plaintiff; they may be added to the judgment if the plaintiff wins. |
| Filing online | The claim form (CC 4:1) can be filled out online, then filed in person or by mail. The Judicial Branch eFiling system covers all trial-court case types but is described for attorneys. eFiling: https://nebraskajudicial.gov/e-services/efiling |
| Serving the defendant | The plaintiff gives the defendant's address and chooses service by sheriff or process server, or by certified mail (the clerk provides written instructions). The defendant must be served at least 5 days before the hearing with the complaint and a summons warning that failure to appear will result in judgment. |
Before and at the hearing
| When the hearing happens | The court sets the hearing date when the claim is filed; service must be completed at least 5 days before it. Source: Neb. Rev. Stat. § 25-2804(3) |
|---|---|
| Does the defendant file an answer? | No written answer is required; only the claim and any counterclaim or setoff are filed. The defendant appears at the hearing. If the defendant does not appear or get a continuance, the court may enter a default judgment after hearing the plaintiff's evidence. If the defendant transfers the case to the regular docket, an answer must then be filed. |
| Counterclaims | A setoff or counterclaim (form CC 4:2) must be filed and a copy delivered to the plaintiff at least 2 days before trial. If it exceeds the small claims limit, the case is moved to the regular county court docket. Source: Neb. Rev. Stat. § 25-2804(4) |
| Mediation | Available. Nebraska has six court-approved mediation centers, and mediation is sometimes offered before the hearing; county court staff can say whether it is available. |
| Jury trial | No. Small claims are tried to the judge without a jury. A defendant may transfer the case to the regular county court docket by notifying the court at least 2 days before the hearing and paying the fee difference; a jury must be requested at that time. When the defendant transfers, the plaintiff cannot demand a jury. |
| Interpreters | The Judicial Branch runs a Court Interpreter Training and Certification Program and keeps an interpreter directory so that everyone has a fair and equal opportunity to take part in court, regardless of the language they speak. |
After the decision
| Appeals | Either party may appeal to the district court within 30 days after the judgment is entered by filing a notice of appeal with the county court clerk, depositing the district court docket fee (or a poverty affidavit) and a $50 cash bond or surety undertaking, and serving the other parties. The district court reviews the record for error rather than holding a new trial. Attorneys may represent parties on appeal. Review is for error on the record (Sedighi v. Schnackel Engineers, 317 Neb. 890 (2024), annotated at § 25-2807). |
|---|---|
| Collecting your judgment | Payment is due promptly after the appeal period, or execution may issue. Tools include garnishment of wages or bank accounts (forms from the county court clerk) and execution, in which the sheriff seizes and sells property. A county court judgment becomes a lien on real estate only after a certified copy is filed in the district court of the county where the property is located. |
Deadline to sue
5 years for a written lease or other written contract; 4 years for an oral (unwritten) lease, express or implied. Neb. Rev. Stat. §§ 25-205(1), 25-206
Official forms and help
Suing a landlord or tenant in Nebraska
Landlords and tenants can use small claims for unpaid rent, property damage or a security deposit up to $7,500, without lawyers.
- Nebraska security deposit demand letter (send before you sue)
- Nebraska security deposit law
- Tenant lawyers and free legal aid in Nebraska
Nebraska small claims FAQ
What is the small claims limit in Nebraska?
$7,500 (since July 1, 2025), not counting interest and costs, for money, damages or personal property, or to cancel a contract for goods or services of that amount or less.
Who can file a small claims case in Nebraska?
Individuals, partnerships, LLCs, corporations, unions, associations and other entities. Only a party to the transaction with the defendant may file, and assigned claims are not allowed. No party may file more than 2 claims in a calendar week or 10 in a calendar year. Businesses appear through a partner, member, manager or employee.
Can you bring a lawyer to small claims court in Nebraska?
No. No party may be represented by an attorney in small claims court. Attorneys may participate only after the case is transferred to the regular county court docket, on post-default motions, or on appeal.
Where do I file a small claims case in Nebraska?
With the county court clerk in the county where the defendant (or the defendant's agent) lives or does business, or where the cause of action arose. A case filed in the wrong court is dismissed and the fees are lost.
How much does it cost to file in small claims court in Nebraska?
$58 total to file a small claims case (the $6.25 statutory fee plus other court costs). Service costs are extra and are paid by the plaintiff; they may be added to the judgment if the plaintiff wins.
How do I serve the other side in a Nebraska small claims case?
The plaintiff gives the defendant's address and chooses service by sheriff or process server, or by certified mail (the clerk provides written instructions). The defendant must be served at least 5 days before the hearing with the complaint and a summons warning that failure to appear will result in judgment.
How long does a small claims case take in Nebraska?
The court sets the hearing date when the claim is filed; service must be completed at least 5 days before it.
Does a defendant have to file an answer in Nebraska small claims court?
No written answer is required; only the claim and any counterclaim or setoff are filed. The defendant appears at the hearing. If the defendant does not appear or get a continuance, the court may enter a default judgment after hearing the plaintiff's evidence. If the defendant transfers the case to the regular docket, an answer must then be filed.
Can the defendant file a counterclaim in Nebraska small claims court?
A setoff or counterclaim (form CC 4:2) must be filed and a copy delivered to the plaintiff at least 2 days before trial. If it exceeds the small claims limit, the case is moved to the regular county court docket.
Is there a jury in Nebraska small claims court?
No. Small claims are tried to the judge without a jury. A defendant may transfer the case to the regular county court docket by notifying the court at least 2 days before the hearing and paying the fee difference; a jury must be requested at that time. When the defendant transfers, the plaintiff cannot demand a jury.
Can you appeal a small claims decision in Nebraska?
Either party may appeal to the district court within 30 days after the judgment is entered by filing a notice of appeal with the county court clerk, depositing the district court docket fee (or a poverty affidavit) and a $50 cash bond or surety undertaking, and serving the other parties. The district court reviews the record for error rather than holding a new trial. Attorneys may represent parties on appeal.
How do I collect a small claims judgment in Nebraska?
Payment is due promptly after the appeal period, or execution may issue. Tools include garnishment of wages or bank accounts (forms from the county court clerk) and execution, in which the sheriff seizes and sells property. A county court judgment becomes a lien on real estate only after a certified copy is filed in the district court of the county where the property is located.
Is mediation required in Nebraska small claims court?
Available. Nebraska has six court-approved mediation centers, and mediation is sometimes offered before the hearing; county court staff can say whether it is available.
Can I file a small claims case online in Nebraska?
The claim form (CC 4:1) can be filled out online, then filed in person or by mail. The Judicial Branch eFiling system covers all trial-court case types but is described for attorneys.
Can I get an interpreter in Nebraska small claims court?
The Judicial Branch runs a Court Interpreter Training and Certification Program and keeps an interpreter directory so that everyone has a fair and equal opportunity to take part in court, regardless of the language they speak.
Where can I get small claims court forms in Nebraska?
To start a small claims case in Nebraska, file a claim form (CC 4:1) with the clerk of the county court, in person or by mail, with the filing fee. The court also offers a Plaintiff's Small Claims Packet and a Defendant's Small Claims Packet, a Counterclaim or Setoff form (CC 4:2) and a certified mail service form (CC 4:5). The form can be filled in online and printed, or completed at the court.
Small claims limits in all 50 states and DC · Small claims court in other states
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.