§ 25-2804.Actions; how commenced; fee; hearing; notice; setoff or counterclaim; limitations; default judgment; actions authorized.
Article 28: Small Claims Court · Last amended 2021 · Last verified July 22, 2026
In one sentenceFiling a Nebraska small claim starts with paying a modest fee and delivering a claim, after which the court sets a hearing and serves the defendant at least five days out, while the defendant may answer with a setoff or counterclaim, and a default judgment can be appealed or reopened on set timelines.
Full Text of § 25-2804
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(1) Actions in the Small Claims Court shall be commenced by the plaintiff by filing a claim personally, by mail, or by another method established by Supreme Court rules.
(2) At the time of the filing of the claim, the plaintiff shall pay a fee of six dollars and twenty-five cents to the clerk. One dollar and twenty-five cents of such fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges through June 30, 2021. Beginning July 1, 2021, two dollars of such fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.
(3) Upon filing of a claim in the Small Claims Court, the court shall set a time for hearing and shall cause notice to be served upon the defendant. Notice shall be served not less than five days before the time set for hearing. Notice shall consist of a copy of the complaint and a summons directing the defendant to appear at the time set for hearing and informing the defendant that if he or she fails to appear, judgment will be entered against him or her. Notice shall be served in the manner provided for service of a summons in a civil action. If the notice is to be served by certified mail, the clerk shall provide the plaintiff with written instructions, prepared and provided by the State Court Administrator, regarding the proper procedure for service by certified mail. The cost of service shall be paid by the plaintiff, but such cost and filing fee shall be added to any judgment given the plaintiff.
(4) The defendant may file a setoff or counterclaim. Any setoff or counterclaim shall be filed and a copy delivered to the plaintiff at least two days prior to the time of trial. If the setoff or counterclaim exceeds the jurisdictional limits of the Small Claims Court as established pursuant to section 25-2802, the court shall cause the entire matter to be transferred to the regular county court docket and set for trial.
(5) No prejudgment actions for attachment, garnishment, replevin, or other provisional remedy may be filed in the Small Claims Court.
(6) All forms that may be required by this section shall be prescribed by the Supreme Court.
(7) For a default judgment rendered by a Small Claims Court (a) the default judgment may be appealed as provided in section 25-2807, (b) if a motion for a new trial, by the procedure provided in sections 25-1142, 25-1144, and 25-1144.01,
is filed ten days or less after entry of the default judgment, the court may act upon the motion without a hearing, or (c) if more than ten days have passed since the entry of the default judgment, the court may set aside, vacate, or modify the default judgment as provided in section 25-2720.01. Parties may be represented by attorneys for the purpose of filing a motion for a new trial or to set aside, vacate, or modify a default judgment.
A small claims action begins when the plaintiff files a claim personally, by mail, or by another method the Supreme Court has established, paying a filing fee of six dollars and twenty-five cents to the clerk at that time. A portion of that fee is remitted to the State Treasurer for the Nebraska Retirement Fund for Judges.
Once the claim is filed, the court sets a hearing time and causes notice to be served on the defendant at least five days before the hearing. That notice includes a copy of the complaint and a summons directing the defendant to appear and warning that failure to appear will result in judgment against the defendant, served the way a summons is served in a civil action. If service is by certified mail, the clerk provides the plaintiff with written instructions from the State Court Administrator on the proper procedure. The plaintiff pays the cost of service up front, but that cost, along with the filing fee, gets added to any judgment the plaintiff wins.
A defendant may file a setoff or counterclaim, delivering a copy to the plaintiff at least two days before trial. If that setoff or counterclaim is worth more than the Small Claims Court’s jurisdictional limit, the entire case transfers to the regular county court docket and gets set for trial there. No prejudgment attachment, garnishment, replevin, or other provisional remedy may be filed in Small Claims Court, and the Supreme Court prescribes any forms this section requires.
A default judgment in Small Claims Court can be appealed under section 25-2807. A motion for a new trial filed within ten days of the default judgment may be decided without a hearing, while a request made more than ten days after entry may be handled by setting aside, vacating, or modifying the judgment under section 25-2720.01. Parties may hire an attorney specifically for the purpose of filing a motion for a new trial or seeking to set aside, vacate, or modify a default judgment — one of the narrow exceptions to the no-lawyer rule in section 25-2803.
Frequently Asked Questions
How do I start a small claims case in Nebraska?
File a claim personally, by mail, or by another method the Supreme Court has established, and pay the filing fee to the clerk at that time.
How much does it cost to file in Small Claims Court?
Six dollars and twenty-five cents, part of which is remitted to the State Treasurer for the Nebraska Retirement Fund for Judges.
How much notice does the defendant get before the hearing?
At least five days before the time set for the hearing.
Can the defendant fight back with a claim of their own against me?
Yes. A defendant may file a setoff or counterclaim, delivering a copy to the plaintiff at least two days before trial, though it may push the case to the regular county court docket if it exceeds the jurisdictional limit.
Can I ask the court to freeze the defendant’s property or bank account before trial?
No. This section bars prejudgment attachment, garnishment, replevin, or any other provisional remedy in Small Claims Court.
What happens if the defendant does not show up, and can I get a lawyer to challenge that later?
The defendant can appeal a default judgment, file a motion for a new trial (decided without a hearing if filed within ten days), or seek to set it aside under section 25-2720.01 if more time has passed, and may hire an attorney for those specific steps.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
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