Before an action for the recovery of money is brought against any person, he may go into the court of the county of his residence, or of that in which the person having the cause of action resides, which would have jurisdiction of the action, and offer to confess judgment in favor of such person for a specified sum on such cause of action. Whereupon, if such person, having had such notice that the offer would be made, of its amount and of the time and place of making it, as the court shall deem reasonable, does not attend to accept the confession, or attending, refuses to accept it, and should afterward commence an action upon such cause, and not recover more than the amount so offered to be confessed, he shall pay all the costs of the action; and on the trial thereof, the offer shall not be deemed to be an admission of the cause of action or amount to which the plaintiff is entitled, nor be given in evidence.
§ 25-907.Confession of judgment before action brought; effect.
Article 9: Offer of Judgment, Submission of Controversies, Confession of Judgment, and Motions · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section lets a person facing a possible money claim go to the proper court before any lawsuit is filed and offer to confess judgment for a specified sum, and a potential plaintiff who later sues and does not recover more than that offer must pay the costs of the action.
Full Text of § 25-907
Source
R.S.1867, Code § 571, p. 494; R.S.1913, § 7723; C.S.1922, § 8667; C.S.1929, § 20-907; R.S.1943, § 25-907.
Plain-English Summary
Section 25-907 lets someone head off a lawsuit before it is even filed. Before an action for the recovery of money is brought against a person, that person may go to the court of the county of their residence, or of the county where the person holding the cause of action resides, whichever would have jurisdiction, and offer to confess judgment in favor of that person for a specified sum on the cause of action.
If the potential plaintiff, having had reasonable notice of the offer’s amount, time, and place, fails to attend to accept it, or attends and refuses it, and later commences an action on that cause and does not recover more than the amount offered, that plaintiff must pay all the costs of the action.
As with the post-filing version of this tool in section 25-906, the offer carries no admission: it is not deemed an admission of the cause of action or the amount owed, and it cannot be given in evidence at trial.
Practically, this section gives someone who believes a claim against them has merit, but disputes only the amount, a way to limit exposure to costs without waiting to be sued.
Frequently Asked Questions
Can someone offer to confess judgment before being sued at all?
Yes. Section 25-907 lets a person go to the proper court before any action is brought and offer to confess judgment for a specified sum.
Which court do I go to under this section?
The court of the county where the offering person resides, or where the person holding the cause of action resides, whichever would have jurisdiction over the claim.
What happens if the potential plaintiff refuses the pre-suit offer and later sues?
If that plaintiff does not recover more than the offered amount, the plaintiff must pay all the costs of the action.
Does making this type of offer admit that I owe the claim?
No. The offer is not deemed an admission of the cause of action or the amount owed, and it is not admissible at trial.
How is this different from section 25-906?
Section 25-907 applies before any lawsuit is filed, while section 25-906 applies to a defendant already sued for money who wants to confess judgment on part of the claim.
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
Also known as: pre-suit confession of judgment nebraskaconfess judgment before lawsuit nebraska25-907 confession of judgmentavoid lawsuit costs nebraska confession