Nebraska Small Claims Court: $7,500 Limit, Fees and How to File

In Nebraska, you can sue for up to $7,500 in small claims court, not counting interest and costs. The limit is set by Neb. Rev. Stat. § 25-2802(4), which states: "The jurisdictional amount is seven thousand five hundred dollars beginning July 1, 2025."

Every county court in Nebraska has a Small Claims Department, called the Small Claims Court, where a county judge hears cases without a jury and without lawyers (Neb. Rev. Stat. § 25-2801). This guide follows a Nebraska small claims case in the order you will live it, from filing to collecting. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-07. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers the Small Claims Court in Nebraska's county courts under Neb. Rev. Stat. §§ 25-2801 to 25-2807, with the appeal statutes in §§ 25-2728 to 25-2733. It does not cover evictions, regular civil cases in county or district court, or small claims in other states.

Nebraska small claims limit: $7,500

The Small Claims Court hears civil actions of any type for money, damages or the recovery of personal property when the amount does not exceed the jurisdictional limit, exclusive of interest and costs. It can also hear an action to rescind or avoid a contract for goods or services within the same limit (Neb. Rev. Stat. § 25-2802). The Judicial Branch describes the court's work as "disputes over amounts of money owed, damage to property, or seeking the return of personal property."

The Judicial Branch self-help page agrees: "Judgments in small claims court may not exceed $7,500." There is no separate, lower limit for businesses. Older guides that still list $6,000 are out of date.

The court cannot grant everything a regular court can. It has no power to order prejudgment attachment, garnishment, replevin or any other provisional remedy before a judgment (§ 25-2804(5)).

If your claim is worth more than $7,500

Neither § 25-2802 nor the Judicial Branch pages we reviewed say whether you can split a larger claim into several small claims cases, or whether you can drop the amount over $7,500 to fit the limit. Reducing a claim to fit may mean giving up the rest permanently, so ask a lawyer before cutting a claim down. A claim above the limit belongs on the regular county court docket, where lawyers are allowed. The Judicial Branch reports that the county court's own civil limit rose from $57,000 to $70,000 on July 1, 2025.

How many claims you can file

Nebraska caps how often one party can use the court: "No party shall file more than two claims within any calendar week nor more than ten claims in any calendar year in the Small Claims Court" (§ 25-2803(6)).

You also cannot file a claim someone assigned to you. "No party may file an assigned claim in the Small Claims Court," and only a party to the transaction with the defendant can sue (§ 25-2803(4)-(5)).

Every claim must be filed within the legal deadline for that type of claim. See our guide to the Nebraska statute of limitations.

Who can sue in Nebraska small claims

Individuals, partnerships, limited liability companies, corporations, unions, associations and other entities can be parties, and a personal representative, guardian or conservator can sue or be sued in that role (§ 25-2803(1), (7)).

Under § 25-2803(3), each party appears for itself:

• An individual represents himself or herself.
• A partnership appears through a partner or employee.
• A limited liability company appears through a member, manager or employee.
• A corporation appears "by one of its employees." The Judicial Branch pages phrase this more broadly, saying an officer or employee can represent a corporation.
• A union or association appears through a member or employee.

Suing a member of the military

The Judicial Branch's plaintiff checklist asks you to confirm that you are not suing a service member during active military service or for a year after active duty, or a US citizen serving with military forces in a conflict, citing the federal Servicemembers Civil Relief Act. Federal law also requires a plaintiff to file an affidavit about the defendant's military status before a court enters a default judgment (50 U.S.C. § 3931).

Filing fees

The $58.00 total is made up of ten separate fees, including a $4.25 small claims docket fee, a $16.00 state docket fee and a $10.00 case management systems fee. Section 25-2804(2) still recites an older base fee, but the court's filing fees and court costs schedule is the figure the clerk charges.

The plaintiff pays the cost of service up front. If you win, "such cost and filing fee shall be added to any judgment given the plaintiff." Ask your county sheriff what personal service costs.

If you cannot afford the fee

You can ask to proceed without paying fees by filing the Affidavit and Application to Proceed Without Payment of Fees (In Forma Pauperis), form DC 6:7.1, as the plaintiff packet directs.

Lawyers in Nebraska small claims

Lawyers are not allowed at the hearing. Section 25-2803(2) provides: "No party shall be represented by an attorney in the Small Claims Court except as provided in sections 25-2804 and 25-2805."

A lawyer can still help you fill out the claim form before you file. Lawyers can appear in three situations:

• A motion for a new trial or to set aside a default judgment (§ 25-2804(7)).
• After transfer to the regular county court docket, when both sides may have lawyers (§ 25-2805).
• On appeal to the district court (§ 25-2807).

Where to file

File in the county court of the right county. The Small Claims Court has jurisdiction "when the party defendant or his or her agent resides or is doing business within the county or when the cause of action arose within the county" (§ 25-2802(3)).

The Judicial Branch warns that if you file in the wrong county, the case is dismissed and you lose the filing fee. Check the county before you pay.

Mediation before the hearing

Six court-approved mediation centers serve Nebraska, and mediation is offered in some counties. The plaintiff packet adds: "In some counties, mediation is required." A pretrial conference or mediation session may come before the trial date.

Serving the defendant

After you file, the clerk sets the hearing, and the notice is served "in the manner provided for service of a summons in a civil action" (§ 25-2804(3)). In practice you have two main choices:

• Certified mail. The clerk gives written instructions for restricted delivery with a return receipt, and you file the return on form CC 4:5.
• Sheriff, constable or process server. Contact the sheriff for the fee.

"Notice shall be served not less than five days before the time set for hearing." No hearing is scheduled until the service return or green card is filed. If service fails, you can ask for alternate or substitute service.

If you are the defendant

You do not have to file a written answer. Apart from the claim and any counterclaim or setoff, the court uses no formal pleadings.

Counterclaims and setoffs

If the plaintiff owes you money, file a counterclaim or setoff (form CC 4:2) and deliver a copy to the plaintiff at least two days before trial. If it is larger than the small claims limit, "the court shall cause the entire matter to be transferred to the regular county court docket and set for trial" (§ 25-2804(4)).

Moving the case to regular county court

A defendant, or the defendant's lawyer, can transfer the case to the regular county court docket by giving notice at least two days before the hearing and paying the difference in filing fees, listed at $20.00. The plaintiff cannot object (§ 25-2805). A jury is available only after transfer. After transfer, the defendant must file an answer, and any jury demand must meet the deadlines in § 25-2705, which for a defendant means no later than the date the answer is filed (§ 25-2805). The Judicial Branch says to demand the jury at the time of transfer, which is the safe course. The Nebraska Court of Appeals has held that when a defendant transfers the case, the plaintiff is not entitled to request a jury (Dollison v. Mercy Servs. Corp., 1998). Once the case is transferred, both sides may have lawyers.

If the defendant does not show up

If the defendant fails to appear, the court may hear the plaintiff's evidence and enter a default judgment (§ 25-2806). A defendant who misses the hearing has limited time to act; see "Setting aside a default judgment" below.

The hearing

A county judge hears the case without a jury. Under § 25-2806, "the hearing and disposition of all matters shall be informal so that the rules of evidence, except those relating to privileged communications, shall not apply." The plaintiff presents first.

• Witnesses. You can subpoena a witness by filing a praecipe (form CC 4:6) and paying the witness and sheriff fees yourself.
• Evidence. Print anything stored on your phone, and bring video on a new USB drive.
• Continuances. The court grants them only for good reason.
• Interpreters and accommodations. Request them from the court ahead of time.

The court has not published a typical time from filing to hearing.

Setting aside a default judgment

The rules here have two time frames. Under § 25-2804(7), if a motion for a new trial is filed within 10 days after a default judgment, the court may rule on it without a hearing. After 10 days, the court may still set aside, vacate or modify the judgment under § 25-2720.01.

The Judicial Branch's self-help page says the motion to set aside (form CC 4:9) "must be filed within 30 days after the entry of judgment." File as soon as you learn of the default. A lawyer may represent you on this motion.

Appealing a Nebraska small claims judgment

Any party, including the plaintiff, can appeal to the district court of the county, unless the dispute is subject to the Uniform Arbitration Act (§ 25-2807). Within 30 days after the judgment is entered, the appealing party must "(a) File with the clerk of the county court a notice of appeal; and (b) Deposit with the clerk of the county court a docket fee" (§ 25-2729). The 30 days run from the clerk's file-stamp date.

The appeal is not a new trial. The district court reviews the county court record for error, and no new evidence or witnesses are heard. That makes the small claims hearing your one chance to present your case.

To appeal you file the notice of appeal (form CC 9:2), pay the district court docket fee, file a Request for Transcript (form CC 9:6) and a Request for Bill of Exceptions (form CC 9:7), and post a $50 cash or surety bond (form CC 9:3) "conditioned that the appellant will satisfy any judgment and costs that may be adjudged against him or her" (§ 25-2729). Request the bill of exceptions together with the notice of appeal: the Judicial Branch warns that failing to do so waives the right to request it, and without it the district court may have no record of the hearing testimony to review. Serve a copy of the notice of appeal on the other parties and file proof of service with it; if you miss the bond or service requirement, the district court may dismiss the appeal (§ 25-2729(4), (7), (8)). A timely motion for a new trial, or to alter or amend the judgment, pauses the 30-day clock.

An appeal does not stop collection on its own. To stay collection, the appellant must file a supersedeas bond (form CC 9:4) covering the judgment, costs and estimated interest within 30 days.

Collecting a Nebraska small claims judgment

Winning does not guarantee payment, and the court does not collect for you. A money judgment is payable once the time for appeal has run, or execution may issue. The Judicial Branch says collection may begin even while an appeal is pending unless a supersedeas bond has been posted.

• Garnishment. You can garnish the debtor's wages or bank account; garnishment papers are served by certified mail. For the limits on how much of a paycheck can be taken, see our guide to Nebraska debt collection laws and the wage garnishment calculator.
• Execution. The sheriff can levy on the debtor's personal property.
• Real estate. "County court judgments do not operate as a lien against real estate." To create a lien, file a certified copy of the judgment in the district court of the county where the land is.
• Interest. The judgment interest rate is 2 percentage points above the bond investment yield of the 26-week Treasury bill at the first auction of each quarter, using the rate in effect on the date the judgment is entered, unless a law or contract sets a different rate. The State Court Administrator distributes the current rate; ask the clerk for it.
• When you are paid. Notify the court when the judgment has been paid in full.

Some property is protected. Federal law shields Social Security benefits (42 U.S.C. § 407(a)) and VA benefits (38 U.S.C. § 5301(a)(1)) from garnishment, and Nebraska has its own exemptions, covered in our debt collection guide.

A Nebraska judgment becomes dormant if no execution is issued on it within five years after it is entered, or within five years after the last execution (Neb. Rev. Stat. § 25-1515). Ask the clerk or a lawyer about reviving a dormant judgment.

When small claims is the wrong court

A negligence claim against the federal government or a federal employee acting on the job is not a small claims case. Federal district courts have exclusive jurisdiction over those claims (28 U.S.C. § 1346(b)(1)), and the claim must first be presented to the federal agency (28 U.S.C. § 2675(a)).

Official forms and self-help

• Nebraska Judicial Branch: Small Claims, the court's small claims hub.
• Filing a Small Claims Case in Nebraska, with links to forms CC 4:2 (counterclaim), CC 4:5 (certified mail return), CC 4:6 (subpoena), CC 4:9 (set aside default), CC 9:2 (notice of appeal), CC 9:3 (appeal bond) and CC 9:4 (supersedeas).
• Plaintiff packet CC 4:20, updated July 2026.
• Small Claims Court: Defendants
• Collecting your money after judgment
• Appealing or setting aside a county court judgment

Related

• Small claims court by state
• Nebraska statute of limitations
• Nebraska debt collection laws
• Nebraska landlord-tenant laws
• Iowa small claims court
• Kansas small claims court

Disclaimer: This article provides general legal information about Nebraska small claims under Neb. Rev. Stat. §§ 25-2801 to 25-2807 and the other Nebraska and federal laws cited above, verified on 2026-10-07. It is not legal advice and does not create an attorney-client relationship. For help with your situation, contact the Nebraska Judicial Branch's self-help resources, the clerk of your county court, a legal aid office, or a lawyer licensed in Nebraska.

Last updated: 2026-10-07.

Frequently Asked Questions

What is the small claims limit in Nebraska?

$7,500, exclusive of interest and costs, beginning July 1, 2025, under Neb. Rev. Stat. § 25-2802(4). From July 1, 2024 through June 30, 2025 it was $6,000.

Can I sue for more than $7,500 in small claims in Nebraska?

No. Judgments in Nebraska small claims court may not exceed $7,500. A larger claim belongs on the regular county court docket, and Nebraska law does not say whether you can split a claim to fit.

How much does it cost to file small claims in Nebraska?

The Nebraska Judicial Branch fee schedule effective July 1, 2026 lists a total small claims filing fee of $58.00. Service by certified mail or the sheriff costs extra and varies by county.

Can a lawyer represent me in small claims court in Nebraska?

Not at the hearing. Section 25-2803(2) bars attorneys in the Small Claims Court, though a lawyer can help you fill out the claim form and can appear on appeal, on a motion to set aside a default, or after the case is transferred to the regular county court docket.

How many small claims can I file in Nebraska?

No more than two claims in any calendar week and no more than ten in any calendar year (Neb. Rev. Stat. § 25-2803(6)).

How long do I have to appeal a Nebraska small claims judgment?

30 days after the judgment is entered. You file a notice of appeal, pay the district court docket fee, request the transcript and bill of exceptions, and post a $50 bond (§ 25-2729), and the district court reviews the record rather than holding a new trial.

Can I get a jury trial in Nebraska small claims?

Not in the Small Claims Court itself. A defendant can transfer the case to the regular county court docket at least two days before the hearing (§ 25-2805), and the Judicial Branch says a jury must be demanded at the time of transfer.

Is a Nebraska small claims judgment a lien on real estate?

No. County court judgments do not operate as a lien against real estate; you file a certified copy of the judgment in the district court of the county where the land is to create one.