Nebraska Small Claims Forms

Nebraska Small Claims Court FAQ

Who hears the claims in small claims court?

In small claims court, the trial is an informal hearing before a judge. There is no jury and the plaintiff presents his or her evidence and witnesses. The defendant is also responsible for presenting his or her witnesses. After hearing both sides of the dispute, the judge will render a verdict based on the law and the facts presented.

Who may file a claim in small claims court?  An individual, partnership or corporation (or LLC) may file a claim against another individual(s), partnership or corporation (LLC) in small claims court, if jurisdiction exists to hear the claim, if the amount of the claim does not exceed the statutory limits.

What must I do before I file a claim?  Before you file a claim, get the facts straight so you can complete the forms correctly and answer any questions court personnel may need to know. Be sure to obtain the correct legal name of the defendant, correct address and place/address of employment. If the defendant is a corporation or LLC you would use the legal corporate or LLC name as the defendant. 

How do I file a claim?  The plaintiff or the plaintiff's attorney should go to the small claims division of the district court in the particular county where the person or business to be sued has an office or is domiciled and file a Statement of  Claim Form. The plaintiff is responsible for furnishing the court with the correct and complete address of the defendant. The clerk will assign the plaintiff a case number and this number must be used whenever contacting the court concerning the particular case. A filing fee is required at the time the claim is filed. If the plaintiff cannot afford to prepay the fee at the time of the filing, he or she can submit an Affidavit of Substantial Hardship and request that the judge delay the payment. 

Who serves the defendant with summons or process and how is the defendant served?  The clerk of the court will issue a summons ordering the defendant to appear in court. The summons and the complaint must be served on the defendant. The summons and the complaint may be served by certified or registered mail. If the court provides this service, there may be an additional fee. If the defendant cannot be served using these methods, the precinct constable or any registered private process server will serve the summons and complaint for a fee. 

How are hearings scheduled? The clerk of the court will provide you with the procedure to set the case for trial or hearing at the time you file your claim. 

May I subpoena witnesses? If witnesses are required, but unwilling to attend the hearing unless they are subpoenaed, you may obtain a subpoena issued by the court clerk for service on the witness. The subpoena is an order for the witness to appear at the hearing to testify. Some employer may require that an employee be subpoenaed in order to be excused from work. 

What are the trial procedures? The trial procedure is generally more informal than other courts. The case will usually be called in open court and you will respond that you are present and ready to proceed. You will then be advised when to present your claim. Be prepared to present your claim in your own words. Be prepared to question witnesses if witnesses are needed. 

What happens if the defendant does not appear at trial?  If the defendant does not appear at trial, a default judgment will be entered in the plaintiff's favor for the amount of the claim or other relief. After judgment is obtained and the appeal time has expired, the plaintiff may seek to collect the judgment by acceptable means of collection. 

What are the common forms used in small claims court?  Common forms used in small claims court are:

  • Claim Statement/Complaint
  • Summons
  • Return of Summons
  • Answer
  • Subpoena
  • Abstract of Judgment

Top Questions about Nebraska Small Claims Forms

  • How do I file a small claims case against someone out of state?

    If you want to file a small claims case against someone out of state, you will need to determine the proper jurisdiction and whether you can file in your state or theirs. Research the rules surrounding small claims in each state and use Nebraska Small Claims Forms, as they often provide guidelines for cross-state disputes. Consulting with a legal expert can provide further clarity on your options. Taking these steps will ensure your claim is filed correctly.

  • How do you tell someone you will take legal action?

    When you need to tell someone you will take legal action, it's vital to be respectful and straightforward. Clearly state the issue and your plan to pursue legal options if needed, using Nebraska Small Claims Forms to guide your process. This kind of clear communication can often lead to a resolution without further escalation. Remember that the goal is to address conflicts constructively.

  • Can I tell someone I'm going to sue them?

    Yes, you can inform someone that you plan to sue them, especially if you want to encourage resolution before escalating to court. Using clear language about your intentions can foster open communication. When the time comes to proceed, be sure to utilize the appropriate Nebraska Small Claims Forms to file your case formally. Communication is key to preventing further conflict.

  • How do you respond to a small claim in court?

    To respond to a small claim, you should read the document carefully and prepare your defense. Consider gathering evidence, writing down your side of the story, and referencing Nebraska Small Claims Forms if you need to file a counterclaim. Attending the court hearing is crucial, as it allows you to present your case. Being prepared demonstrates seriousness and respect for the judicial process.

  • Do you tell someone you are taking them to small claims court?

    It is courteous to inform the other party before you file a claim in small claims court. Communicating your intent allows them to address the issue directly and may lead to an amicable resolution. If you decide to proceed, you will need to use Nebraska Small Claims Forms to officially notify them. This step can help reduce misunderstandings and establish clarity.

  • What percentage of people win in small claims court?

    Winning in small claims court varies depending on the strength of your evidence and the clarity of your argument. Research indicates that many claimants have a favorable outcome, particularly when they are well-prepared and utilize the Nebraska Small Claims Forms properly. While statistical outcomes may differ, your diligence and preparedness can greatly influence your chances. Remember, each case is unique, so focus on presenting your situation clearly.

  • How much can you get in small claims court in Nebraska?

    In Nebraska, small claims court allows you to pursue claims of up to $5,500. This limit makes it accessible for many individuals seeking to resolve disputes without engaging in lengthy court processes. By preparing with the Nebraska Small Claims Forms, you position yourself for a better chance of success in recovering your losses. Understanding this cap can help frame your expectations.

  • What is the lowest amount for small claims court?

    In Nebraska, the lowest amount for bringing a case to small claims court is typically around $1,200. This limit means that if your claim is below this amount, you may need to consider other resolution methods. Familiarizing yourself with the Nebraska Small Claims Forms can help clarify your options. Always check local regulations, as amounts can vary by location.

  • Is suing someone worth it?

    Suing someone can be worth considering, especially if you seek to recover a debt or enforce a contract. However, it’s essential to weigh the potential costs and benefits carefully. Using Nebraska Small Claims Forms makes the process straightforward and less expensive. You should also assess your willingness to invest time and effort into pursuing a legal claim.

  • Is small claims court even worth it?

    Small claims court can be very worthwhile for recovering debts or settling disputes quickly and affordably. Many find the process less formal and more accessible than traditional courts. With the right Nebraska Small Claims Forms, you can efficiently navigate this route. Ultimately, the decision depends on the amount in dispute and your specific circumstances.