What follows is a brief but informative summary of rules, procedures, and filings requirements for small claims court in Nebraska. Keep in mind that rules and laws change. It’s always a good idea to confirm the rules with the court or with further research.
Maximum Jurisdictional Dollar Amount: The maximum dollar amount is $2,700.
Where Suit May Be Brought: Case may be brought where the defendant or agent resides or does business or where breach or injury occurred. A corporation is deemed to reside where it does business or has agent.
Proper Manner of Service of Process upon Defendant: Service may be made by certified mail or sheriff sent according to court instructions.
How the Hearing Date Is Selected: The hearing date is set by the court.
Attorney Representation Rule: Attorneys are not allowed.
Special Provisions Regarding Transfer or Jurisdiction of Cases: Defendant may request transfer of case from small claims court to County Court docket. Must request transfer at least 2 days before the hearing time and must pay the difference in fees between the small claims court and the regular docket of County Court. By law, plaintiff cannot object to transfer. After transfer, both the defendant and plaintiff may have an attorney. Jury trial must be requested when transfer is requested.
Availability of Appeals: Either litigant may appeal for a new trial to District Court within 30 days. Attorneys are allowed, but a jury trial is not permitted.
Special Rules and Notes: Injunctive relief is available. Right to sue may not be transferred. Limit of 2 claims a week up to10 claims a year per plaintiff.
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Michael Spadaccini is the author of 8 books on self-help legal matters such as, Ultimate LLC Compliance Guide: Covers All 50 States (Ultimate Series), Ultimate Book of Forming Corps, LLCs, Partnerships & Sole Proprietorships, and Ultimate Guide to Forming an LLC in Any State, Second Edition (Ultimate Series).
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