State Codes and Statutes

Statutes > Nebraska > Chapter25 > 25-2804

25-2804. Actions; howcommenced; fee; hearing; notice; setoff or counterclaim; limitations; default judgment; actions authorized.(1) Actions in the Small Claims Court shall be commenced bythe filing of a claim, personally or by mail, by the plaintiff on a form providedby the clerk of a county court. The claim form shall be executed by the plaintiffin the presence of a judge, a clerk or deputy or assistant clerk of a countycourt, or a notary public or other person authorized by law to take acknowledgments.If not filed in person, the claim form and appropriate fees shall be mailedby the plaintiff to the court of proper jurisdiction.(2) At the time of the filing of the claim, the plaintiffshall pay a fee of six dollars and twenty-five cents to the clerk. One dollarand twenty-five cents of such fee shall be remitted to the State Treasurerfor credit to the Nebraska Retirement Fund for Judges.(3) Upon filing of a claim in the Small Claims Court, thecourt shall set a time for hearing and shall cause notice to be served uponthe defendant. Notice shall be served not less than five days before the timeset for hearing. Notice shall consist of a copy of the complaint and a summonsdirecting the defendant to appear at the time set for hearing and informingthe defendant that if he or she fails to appear, judgment will be enteredagainst him or her. Notice shall be served in the manner provided for serviceof a summons in a civil action. If the notice is to be served by certifiedmail, the clerk shall provide the plaintiff with written instructions, preparedand provided by the State Court Administrator, regarding the proper procedurefor 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 setoffor counterclaim shall be filed and a copy delivered to the plaintiff at leasttwo days prior to the time of trial. If the setoff or counterclaim exceedsthe jurisdictional limits of the Small Claims Court as established pursuantto section 25-2802, the court shall cause the entire matter to be transferredto 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 required by this section shall be prescribedby the Supreme Court. The claim form shall provide for the names and addressesof the plaintiff and defendant, a concise statement of the nature, amount,and time and place of accruing of the claim, and an acknowledgment for useby the person in whose presence the claim form is executed and shall alsocontain a brief explanation of the Small Claims Court procedure and methodsof appeal therefrom.(7) For a default judgment rendered by aSmall Claims Court (a) the default judgment may be appealed as provided insection 25-2807, (b) if a motion for a new trial, by the procedure providedin sections 25-1142, 25-1144, and 25-1144.01, is filed ten days or less afterentry of the default judgment, the court may act upon the motion without ahearing, or (c) if more than ten days have passed since the entry of the defaultjudgment, the court may set aside, vacate, or modify the default judgmentas provided in section 25-2720.01. Parties may be represented by attorneysfor the purpose of filing a motion for a new trial or to set aside, vacate,or modify a default judgment. SourceLaws 1972, LB 1032, § 24; Laws 1973, LB 226, § 7; Laws 1975, LB 283, § 1; Laws 1979, LB 117, § 2; Laws 1980, LB 892, § 1; Laws 1982, LB 928, § 17; Laws 1983, LB 447, § 14; Laws 1984, LB 13, § 14; Laws 1985, LB 373, § 3; Laws 1986, LB 125, § 1; Laws 1987, LB 77, § 2; R.S.Supp.,1988, § 24-524; Laws 2000, LB 921, § 28; Laws 2005, LB 348, § 4; Laws 2010, LB712, § 6.Operative Date: July 15, 2010AnnotationsA general appearance waives any defects in the process or notice, the steps preliminary to its issuance, or in the service or return thereof. Harris v. Eberhardt, 215 Neb. 240, 338 N.W.2d 53 (1983).