Sued in Nebraska? You may have only 30 days to answer

County or District Court civil case: 30 days. Small claims: no written answer, but go to court on the date set.

Count my answer deadlineHow to answerI missed it / default

Checked against official sources: Oct 24, 2026. · Free letters and forms ↓

Count your answer deadline in Nebraska

Pick your court and the day you were served (got the court papers). We show the last day to answer and what to do next.

The date is counted in your browser.

The court's name is at the top of your summons.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Nebraska guides by topic

How to answer in Nebraska

Your deadline by court, the official form, fees and defenses.

Default judgment in Nebraska

What a default means and how to set it aside, with a calculator.

After a judgment in Nebraska

Wage garnishment, bank levies and how to claim an exemption.

Debt buyer lawsuits in Nebraska

What a debt buyer must prove, and old debts as a defense.

Which court hears debt cases in Nebraska

County Court (regular civil docket)

Cases up to $70,000

Most debt-collection suits are filed here. From July 1, 2025 through June 30, 2030, county courts hear civil cases of $70,000 or less (shared with District Court).

Law: Neb. Rev. Stat. § 24-517(5); Neb. Ct. R. § 6-1462

Small Claims Court (division of County Court)

Cases up to $7,500

Claims of $7,500 or less from July 1, 2025. No lawyers. Only someone who was a party to the original deal with you can sue here, and assigned claims are not allowed – so debt buyers and most collection agencies cannot use small claims.

Law: Neb. Rev. Stat. §§ 25-2802(4), 25-2803(4)-(5)

District Court

No dollar limit stated

Any amount; larger debt cases.

Law: Neb. Rev. Stat. § 24-517(5)

How to answer in Nebraska

How to answer

File your written answer with the clerk of the court where the case is filed and serve a copy on the plaintiff or its lawyer. In small claims you can file a counterclaim or setoff (form CC 4:2) and must give the plaintiff notice at least 2 days before trial; you can also move the case to the regular county court docket (form CC 4:3) at least 2 days before the hearing.

If you can't pay the fees

Application to proceed in forma pauperis with a poverty affidavit. https://nebraskalegislature.gov/laws/statutes.php?statute=25-2301.01

Law: Neb. Rev. Stat. § 25-2301.01

How you must be served

The plaintiff may choose personal service, residence service (leaving the papers with a suitable adult at your home), certified mail with return receipt, or a designated delivery service.

Law: Neb. Rev. Stat. § 25-505.01

Law: Neb. Ct. R. Pldg. § 6-1112(a)(1)(A); Neb. Rev. Stat. §§ 25-2804, 25-2805

Defenses to know in Nebraska

Defenses in Nebraska law

Time limits to sue: 5 years on a written contract and 4 years on an unwritten one. A voluntary payment, or a written acknowledgment or promise, starts the time over.

Law: Neb. Rev. Stat. §§ 25-205, 25-206; § 25-216

Debt buyer lawsuits
Assigned claims cannot be filed in Small Claims Court, and only a party to the original transaction with you may sue there. Debt buyer lawsuits in Nebraska: the full rules
Time limit to sue (written contract)
5 years · More on old debts at Debt Collector Map

If you missed the deadline in Nebraska

A default judgment means the court decides against you because you didn't answer. You may be able to ask the court to set it aside (cancel it), but time limits are short.

What happens

If you do not answer (county or district court) or do not appear (small claims), the court may enter a default judgment giving the plaintiff what it asked for.

How to set it aside (cancel it)

Small claims: within 10 days after the default judgment you can file a motion for a new trial; after 10 days you can ask the county court to set aside, vacate or modify it (form CC 4:9, Motion to Set Aside Default Judgment and Application for New Trial). County and District Court: the court can vacate its own judgment on a motion filed within 6 months after the judgment is entered. For certain listed reasons – such as a clerk's mistake or an irregularity in getting the judgment, fraud by the winning side, newly discovered evidence, or an unavoidable casualty that kept you from defending – you have up to 2 years after the judgment.

Law: Neb. Rev. Stat. §§ 25-2804(7), 25-2720.01, 25-2001(1), (4), 25-2008

Count your deadline to set aside a default

The date is counted in your browser.

The court's name is at the top of the judgment.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Mediation and settlement in Nebraska

Nebraska has six court-approved mediation centers; some counties offer mediation at the courthouse on the day of a small claims hearing (Nebraska Judicial Branch).

If there is a judgment in Nebraska

A judgment is the court's decision that you owe money. Then the creditor can ask the court to take money from your pay or bank account.

Interest after the judgment

2 percentage points above the bond investment yield of the first 26-week U.S. Treasury bill auction of each quarter, in effect on the date the judgment is entered. A different rate agreed in the contract applies instead.

How long it lasts

A judgment becomes dormant if no execution is issued within 5 years of entry (or within 5 years of the last execution). A dormant judgment can be revived only by an action started within 10 years after it became dormant.

Law: Neb. Rev. Stat. §§ 45-103, 45-103.01; §§ 25-1515, 25-1420

Garnishment, bank levy and exemptions in Nebraska

Exempt means protected by law: money or property the creditor can't take. Often you must claim it yourself, fast.

Wage garnishment (taking part of your pay)

If you are head of a family (you support one or more relatives or dependents), no more than 15% of your disposable earnings a week. Others: the federal limit (25%, or the amount above 30 times the federal minimum wage, whichever is less). Not for support, Chapter 13 or tax orders.

Law: Neb. Rev. Stat. § 25-1558

Bank levy (freezing and taking money in your bank account)

The creditor files an affidavit and the clerk issues a garnishment summons to your bank, which must answer within 10 days. Within 7 business days after the garnishment issues, the creditor must send you by certified mail a copy, a notice to judgment debtor and a request-for-hearing form. Nebraska does not set a separate dollar amount automatically protected in a bank account; exempt funds such as certain government benefits are protected.

How to claim an exemption

Garnishment: fill out the Request for Hearing form and file it with the court within 3 business days after you receive the notice; the court must hold a hearing within 10 days. Execution (property seizure): check the box on the notice of exemptions and return it to the clerk within 20 days after you receive it; a hearing is held within 10 days.

Law: Neb. Rev. Stat. §§ 25-1011, 25-1056, 25-1516

These garnishment limits are from our sister site, which checks them against official sources: Debt Collector Map: Nebraska

Count your deadline to claim an exemption

The date is counted in your browser.

Read the notice you got from the court, your bank or your employer.

An estimate from our state data, not legal advice. Court holidays and local rules can change a deadline. File early, and ask the court clerk if you are not sure.

Free help in Nebraska

Court self-help

Free letters and forms

Ask the plaintiff's lawyer for the debt documents

The contract, the chain of ownership and an itemization of what they claim.

Exemption claim cover letter

A letter to the court clerk to file with your exemption claim form.

Good to know in Nebraska

  • Debt buyers cannot sue you in Nebraska small claims court, because assigned claims are not allowed there (Neb. Rev. Stat. § 25-2803(5)).
  • If your wages are garnished, you have only 3 business days after receiving the notice to file the request for a hearing (Neb. Rev. Stat. § 25-1011(4)(d)).

Changes in 2024–2026

Small claims limit rose from $6,000 to $7,500 on July 1, 2025 (LB139, 2024). The county court civil limit rose from $57,000 to $70,000 for July 1, 2025 – June 30, 2030.

Law: Neb. Ct. R. § 6-1462, amended June 18, 2025

Federal rules in every state

  • Where a collector must sue. A debt collector that sues you over a consumer debt must file where you signed the contract or where you live when the suit starts. Law: 15 U.S.C. 1692i(a)(2)
  • Old debts. A debt collector must not sue you, or threaten to sue you, on a debt that is too old to sue on. Law: 12 CFR 1006.26(b)
  • Before a default judgment. Before the court gives the plaintiff a default judgment, the plaintiff must file a sworn statement saying whether you are in military service. Law: 50 U.S.C. 3931(b)(1)
  • Your pay. For an ordinary debt, a creditor can take at most 25% of your take-home pay, or the part above 30 times the federal minimum wage if that is less. Many states protect more. Law: 15 U.S.C. 1673(a)
  • Federal benefits in the bank. Your bank must protect up to two months of Social Security, SSI, VA and some other federal benefits that were paid into your account by direct deposit. You don't have to ask. Law: 31 CFR 212.5, 212.6

Questions about debt lawsuits in Nebraska

How long do I have to answer a debt lawsuit in Nebraska?

County or District Court civil case: serve your answer within 30 days after you are served. Small claims: no written answer is required – go to the trial on the date in your notice.

How do I answer a debt lawsuit in Nebraska?

File your written answer with the clerk of the court where the case is filed and serve a copy on the plaintiff or its lawyer. In small claims you can file a counterclaim or setoff (form CC 4:2) and must give the plaintiff notice at least 2 days before trial; you can also move the case to the regular county court docket (form CC 4:3) at least 2 days before the hearing.

What if I can't afford the court fees in Nebraska?

Application to proceed in forma pauperis with a poverty affidavit. https://nebraskalegislature.gov/laws/statutes.php?statute=25-2301.01

What happens if I don't answer in Nebraska?

If you do not answer (county or district court) or do not appear (small claims), the court may enter a default judgment giving the plaintiff what it asked for.

Can I cancel a default judgment in Nebraska?

Small claims: within 10 days after the default judgment you can file a motion for a new trial; after 10 days you can ask the county court to set aside, vacate or modify it (form CC 4:9, Motion to Set Aside Default Judgment and Application for New Trial). County and District Court: the court can vacate its own judgment on a motion filed within 6 months after the judgment is entered. For certain listed reasons – such as a clerk's mistake or an irregularity in getting the judgment, fraud by the winning side, newly discovered evidence, or an unavoidable casualty that kept you from defending – you have up to 2 years after the judgment.

How much interest does a judgment add in Nebraska?

2 percentage points above the bond investment yield of the first 26-week U.S. Treasury bill auction of each quarter, in effect on the date the judgment is entered. A different rate agreed in the contract applies instead.

How long does a judgment last in Nebraska?

A judgment becomes dormant if no execution is issued within 5 years of entry (or within 5 years of the last execution). A dormant judgment can be revived only by an action started within 10 years after it became dormant.

Can my wages be garnished in Nebraska?

If you are head of a family (you support one or more relatives or dependents), no more than 15% of your disposable earnings a week. Others: the federal limit (25%, or the amount above 30 times the federal minimum wage, whichever is less). Not for support, Chapter 13 or tax orders.

Can a creditor take money from my bank account in Nebraska?

The creditor files an affidavit and the clerk issues a garnishment summons to your bank, which must answer within 10 days. Within 7 business days after the garnishment issues, the creditor must send you by certified mail a copy, a notice to judgment debtor and a request-for-hearing form. Nebraska does not set a separate dollar amount automatically protected in a bank account; exempt funds such as certain government benefits are protected.

How do I claim an exemption in Nebraska?

Garnishment: fill out the Request for Hearing form and file it with the court within 3 business days after you receive the notice; the court must hold a hearing within 10 days. Execution (property seizure): check the box on the notice of exemptions and return it to the clerk within 20 days after you receive it; a hearing is held within 10 days.

More help on our sister sites

Sources

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Last checked: Oct 24, 2026.

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