Default judgment in Nebraska: how to set it aside

What a default judgment means and how to ask the court to set it aside, with a deadline calculator.

Checked against official sources: Oct 24, 2026.

Short answer

A default judgment means the court decided against you because you didn't answer. 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).

Shortest time to ask
10 days (Small claims: motion for a new trial)
Time to answer
30 days

If you didn'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.

Canceling 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.

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.

What the judgment means in Nebraska

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

After a judgment in Nebraska

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 you are in the military

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)

Steps after a default in Nebraska

  1. Find the judgment

    Ask the clerk for a copy of the judgment and note the date on it.

  2. Act within the time limit

    The rule 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).

  3. Say why you missed it

    Courts usually ask for a good reason and a real defense.

  4. Protect your money

    Until it is set aside, the judgment can be collected: read After a judgment in Nebraska.

  5. Ask for free help

    Ask for free help: Legal Aid of Nebraska.

Free legal help in Nebraska

Questions about default judgments in Nebraska

How many days do I get to answer 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.

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.

More for Nebraska

Sources

Sources

Last checked: Oct 24, 2026.

Federal sources