What are Nebraska Small Claims Cases and Class Action Lawsuits?

In Nebraska, small claims are minor disputes involving debts of little amounts and property damage, amongst other civil issues. The small claims court is in charge of hearing small claims cases in which the damages do not exceed $3,900. A class action is a lawsuit brought on behalf of a group of individuals who share a common legal issue, typically when it is impractical for each person to appear in court individually. Instead, the group selects a representative to file the case on its behalf. Common examples include salary deduction errors, tax disputes, or defective equipment. In Nebraska, anyone 18 or older may file both small claims and class action lawsuits, while minors must obtain written consent before initiating a case.

What is a Class Action Lawsuit in Nebraska?

Following Nebraska Revised Statute 25–319, a class action is a lawsuit involving several persons with similar claims against an entity. Sometimes, individuals are affected by defective products, investment fraud, environmental hazards, and civil rights violations. Because these actions often affect a large group or community, it may be impractical for everyone to appear in court. Instead, the group designates select representatives to act on behalf of the entire class.

How do I File a Claim in a Nebraska Small Claims Court?

Parties may file a small claim in small claims court if the amount in dispute does not exceed $3,900. A filing fee is required, and the claimant is usually required to complete the claim form (CC 4:1), available both online and at the clerk’s office. It is generally advisable to file the claim in the defendant's county. Under the Service Members Civil Relief Act of 2003, the court may not accept a claim against an active military service member. Once the required paperwork is submitted, the court clerk usually assigns a case number, and the plaintiff is responsible for the cost of mailing the notice to the defendant.

After receiving the notice of the small claims filing, the defendant may decide to file a counterclaim to state whether the plaintiff also owes the defendant. If this happens, the defendant can provide a statement on this claim at the clerk’s office. This should be done at least two days before the trial date. The judge's decision is typically based on the evidence present during the trial.

Do I Need a Small Claims Lawyer?

An attorney can help to fill out the claims form. However, the presence of a lawyer is not usually needed at the small claims court. Nevertheless, if the defendant seeks a case transfer to remove the litigation from the small claims court, a lawyer may serve as a representative during the trial.

How do Class Action Lawsuits Work in Nebraska?

A class action is a joint lawsuit where the participating individuals have common experiences with the party at fault. According to Nebraska Revised Statute 25–319, before a class action is attended to at the court, there should be common grounds and many parties to establish that it is impracticable for all the persons concerned to appear in court. In a class action lawsuit, the group can select a representative since everyone can not be at the court to testify. The party representing the class may file the case at the court. After filing the lawsuit, no member of the class can opt-out to file for compensation separately. The court may separate the class into subclasses depending on how complicated the case is. The period it takes the court to resolve a class action lawsuit in Nebraska varies according to the peculiarities of the case.

Is a Class Action Better Than a Single Party Suit?

A class action may be preferable when the claim for each person is minimal, and it may not be reasonable to file the case separately. Moreover, the lawsuit may be resolved quickly as a class action rather than a single lawsuit. The disadvantage of a class action is that if the judgment is not favorable, members of the class can not file the case again as individuals. However, if the value of the claims varies, it is better for the party with the larger amount to pull out of a class action before the case filing and submit a petition at the court.

Nebraska public records may also be accessed through third-party websites. These sites expedite the record retrieval process by aggregating records generated across several jurisdictions and allowing users to perform multi-record searches. To use a third-party site, the inquirer may be required to provide the following information:

• The name of the record subject, unless said person is a juvenile
• The location or assumed location of the record or person involved, including information such as the city, county, or state that person resides in or was accused in.

Third-party sites are managed independently of government sources and are not sponsored by these agencies. Consequently, the availability, accuracy, and/or validity of some records may not be guaranteed. 

What Cases are Heard by Small Claims Courts in Nebraska?

Nebraska small claims court has limited jurisdiction on claims of $3,900 or less. Some common examples of these cases are;

Loan Payment: The small claims court hears cases about loan payment defaults. At the court, the plaintiff is expected to prove that there was an agreement and that the loan was sent to the defendant.

Landlord and Tenant Disputes: When issues affect a landlord and tenant’s relationship, the small claims court can attend to them. Most of these issues are related to rent or other deposits.

Breach of Warranty: This occurs when a merchant fails to follow the warranty agreement when a product under warranty develops an issue.

Personal Injury: This happens when another party can cause harm to another, whether intentionally or carelessly.