What Is a Small Claims Court in Nebraska?
A Small Claims Court in Nebraska is the division of the County Court that handles minor civil disputes quickly and inexpensively. As provided by Neb. Rev. Stat. § 25-2802(4), Small Claims Court hears cases of disputes that involve no more than $3,900. Nebraska Small Claims Courts hear cases of civil disputes that include property damage, money owed, or personal property returns. Other types of small claims cases include:
- Landlord-tenant disputes
- Automobile contracts or accident disputes
- Consumer service complaints
How Do Nebraska Small Claims Court Work?
Nebraska Small Claims Courts hold informal hearings to resolve civil cases. The court does not allow jury trials, but case parties may have legal representation. County Judges hear small claims cases, as Nebraska Small Claims Courts are a division of the County Court. The court has limited jurisdiction and may only hear civil cases that involve up to $3,900.
In Nebraska, individuals who are 18 years old and above may file small claims cases. Additionally, groups, partnerships, corporations, companies, and other entities may file or respond to small claims cases in Nebraska. The party that files the claim is the plaintiff, while the party that the plaintiff sues or brings a claim against is the defendant. The Small Claims Court in Nebraska allows case parties to appeal unsatisfactory decisions. Such parties must file a notice of appeal within 30 days of the County Judge’s judgment.
How to Take Someone To Small Claims Court in Nebraska
Small claims cases in Nebraska begin when a plaintiff files a Plaintiff’s Claim and Notice to Defendant with the County Court Clerk. The plaintiff may file the form online through an attorney, in person at the courthouse, or by mail to the appropriate courthouse. The plaintiff must file the claim in the county where the defendant lives, does business, or attends school. The plaintiff may also file the claim in the county where the event leading to the claim happened. If the plaintiff files a claim in the wrong court, the court may dismiss the claim. Upon dismissal, the plaintiff loses all court fees.
The plaintiff’s claim must include a detailed description of events leading to the claim, the specific amount the defendant owes, and reasons the plaintiff believes the defendant owes the amount. The claim must include the defendant’s complete address, and the plaintiff must indicate on the claim whether the defendant is an individual, organization, or other entity. It is important to note that Nebraska does not allow small claims action against military personnel. The plaintiff must sign the form in the presence of a notary public, judge, court clerk, assistant court clerk, or any other person the court authorizes.
Also, the plaintiff must pay the designated filing fees and must ensure that the defendant receives the claim and notice. The plaintiff may serve the notice through a process server, the sheriff’s office, or certified mail. The plaintiff is responsible for service fees. However, the plaintiff may be able to recover court costs if the plaintiff wins the case. After filing the claim, the Clerk of Court will schedule a hearing. The plaintiff and defendant must be present at the hearing.
How Much Can You Sue For in Nebraska Small Claims Court?
The Nebraska Small Claims Court has a claim threshold of $3,900, excluding interests and costs. This means that case parties may not bring claims that exceed the stated amount to the Small Claims Court in Nebraska. Parties with claims that exceed the Small Claims Court’s jurisdictional threshold may file the claim in the County Court. The Nebraska County Court shares jurisdiction with the District Court in cases that involve up to $57,000.
How to Defend Yourself in Nebraska Small Claims Court
If one receives a claim and notice from the Nebraska Small Claims Court, it is important to read the notice carefully. The notice contains information about the claim, including the plaintiff’s name, the amount in contention, and the plaintiff’s version of the events leading to the claim. When a defendant receives a claim, the defendant may respond to the claim with an agreement, a dispute, a counterclaim, or a set-off.
In a counterclaim, the defendant asserts that the plaintiff owes the defendant money, while in a set-off, the defendant accepts the plaintiff’s claim but states that the plaintiff also owes the defendant money. The defendant must ensure that the plaintiff receives copies of the counterclaim or set-off at least two (2) days before the scheduled hearing. If the defendant’s counterclaim exceeds the small claims threshold, the defendant may transfer the case to the County Court as a regular civil case. However, the defendant must request the transfer at least two (2) days before the scheduled hearing.
In a small claims case, the burden of proof is on the plaintiff. In a counterclaim, the burden of proof is on the defendant. Each party must gather documents and evidence, including witnesses, needed to prove or disprove the validity of a claim. Examples of documents that case parties may bring include copies of contracts, receipts, bills, checks, or letters. Case parties may petition the court to subpoena reluctant witnesses. However, the requesting party must bear the cost of the subpoena.
At the hearing, case parties must present claims and evidence in a clear and coherent manner. Interested parties may attend open small claims hearings to aid preparation.
How Long Do You Have to Take Someone to Small Claims Court in Nebraska
The Nebraska Small Claims Court has different statutes of limitations, depending on the type of small claims case. The statute of limitation is the time limit from when an injury or damage occurs within which a party may file a small claim. The statute of limitation for written contracts is five (5) years and for oral contracts is four (4) years. Personal injuries have a limit of up to four (4) years, and personal property injury claims have a limit of four (4) years. Other types of small claims cases have statutes of limitations between one (1) and two (2) years.
What Happens if you Don’t Show up for Small Claims Court in Nebraska?
Both the plaintiff and the defendant must be present at Small Claims Court hearings. If a defendant fails to appear, the court may enter a default judgment against the defendant, and the plaintiff may initiate and enforce collection. If the plaintiff fails to appear at a small claims hearing, the court may dismiss the case. Parties who cannot be present at scheduled hearings must notify the court in writing ahead of the date. If the court finds sufficient reason, the court may postpone the trial.
Defendants may appeal default judgments or contest the default judgment with a motion for a new trial. Persons who wish to contest a default judgment must file the motion within ten (10) days of the default judgment. After 30 days, the defendant can no longer appeal a default judgment.
What are Small Claims Court Records in Nebraska?
Small Claims Court records in Nebraska contain official information about small claims cases in the state. This could include notices, receipts, court transcripts, and judgment orders. Court records also contain information such as the case parties’ names, contact details, the events surrounding a claim, the amount in contention, and the court’s resolution.
Where can I find Nebraska Small Claims Court Records?
Interested parties can find Nebraska Small Claims Court records by visiting or contacting the County Court Clerk in the appropriate county. According to Nebraska’s Public Records Law, interested persons may examine and request Nebraska court records. Court clerks are record custodians who make public records available on request. The court may charge search and copy production fees.
The Nebraska Judicial Branch also makes public records available online through the Justice Search system. The system provides public information to registered users at a fee. Each search costs $15. Users may search for Small Claims Court records using criteria such as names, addresses, zip codes, and emails.
