Nebraska Small Claims Court: The $7,500 Limit, a $58 Filing Fee, and No Lawyers Allowed

Nebraska small claims court is a division of county court for money disputes, property damage and getting personal property back, up to $7,500 [1][3]. You represent yourself, because lawyers can’t take part [1][4]. Filing costs $58 in county court [8], and the hearing is informal: a county judge hears both sides and the rules of evidence mostly don’t apply [1][7].

What you can sue for

Small claims court hears civil cases of any type where the money, damages or value of the personal property claimed is $7,500 or less, not counting interest and costs [3]. You can also ask the court to cancel a contract for goods or services worth up to that amount [3]. The limit was $6,000 from July 1, 2024, through June 30, 2025, and rose to $7,500 on July 1, 2025 [3].

Common cases include money owed, property damage, poor workmanship, landlord-tenant deposit disputes and faulty merchandise [1][2].

There are limits on who can sue [4]:

• Only someone who was a party to the transaction with the defendant can file. You can’t file a claim someone assigned to you.
• No one can file more than two claims in a calendar week or ten in a calendar year.
• Businesses and organizations can sue and be sued, but they appear through a partner, member, manager or employee, not a lawyer.

Where and how to file

File in the county court for the county where the defendant or the defendant’s agent lives or does business, or where the claim arose [2][3]. If you file in the wrong county, the case is dismissed and you lose the fees you paid [2].

1. Fill out the claim form (CC 4:1). Give a short description of the claim, the amount or property you want, the date or dates, and how you got to the dollar figure [2].
2. Name the defendant correctly. Say whether it’s a person, corporation, partnership or other entity, and for a business, who is authorized to receive legal papers [2]. The Nebraska Secretary of State’s office (402-471-4079) can tell you a corporation’s registered agent [2].
3. File it with the county court clerk, in person or by mail, and pay the filing fee [2][5].
4. Arrange service. Choose certified mail (form CC 4:5) or the sheriff or a process server, and pay for it. Service costs can be added to the judgment if you win [2][5]. The defendant has to be served at least five days before the hearing [5].

What it costs

The Nebraska Judicial Branch fee schedule effective July 1, 2026, puts the total for a small claims case in county court at $58.00 [8]. Filing fees aren’t refunded if you settle [2]. If you need a witness who won’t come on their own, you pay the witness fee and the sheriff’s subpoena fee, which can also be added to a judgment [2].

If you’re the defendant

• Counterclaim or setoff: if you say the plaintiff owes you, file form CC 4:2 and deliver a copy to the plaintiff at least two days before trial. If your claim is over the small claims limit, the whole case moves to the regular county court docket [2][5].
• Move the case: a defendant 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. The plaintiff can’t block it [2][6]. After a transfer, both sides can have lawyers, and a defendant who wants a jury has to ask for one when requesting the transfer [2].
• Don’t skip the hearing. If you don’t appear and don’t get a continuance, the court can enter a default judgment against you [2].

The hearing

Every small claims case is tried by a judge, without a jury [6]. There are no formal pleadings beyond the claim, any counterclaim and the notices, and the rules of evidence don’t apply except for privileged communications [7]. Check in with court staff shortly before your hearing time; the plaintiff presents evidence first, then the defendant [2].

Bring documents and witnesses. The Judicial Branch suggests, for example [2]:

• Car accident: the police report, repair bills or estimates, and photos.
• Landlord-tenant: the lease, rent or deposit receipts or cancelled checks, letters and photos.
• Poor workmanship: a knowledgeable witness who isn’t involved in the dispute.
• Faulty merchandise: the warranty or guarantee.

If you settle before the trial date, tell the court in writing [2]. Nebraska also has six court-approved mediation centers that can help both sides reach an agreement [2].

After the judgment

When you win money, the other side is expected to pay once the time to appeal has run; if they don’t, you can use the county court’s collection process [7].

Appeals

Any party can appeal to the district court [10]. You have 30 days after the judgment is entered to file a notice of appeal with the county court clerk, pay the district court docket fee, request the transcript and bill of exceptions, and post a $50 appeal bond [9]. The district court reviews the county court record; it’s not a new trial, and no new evidence or witnesses are allowed [9]. Lawyers can represent parties on appeal [10].

An appeal doesn’t stop collection on its own. To pause it, you file a supersedeas bond within 30 days [9].

Other states

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