IN THE SMALL CLAIMS DIVISION

COUNTY COURT OF [COUNTY] COUNTY, NEBRASKA

________

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

Case No. [__]

ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

(NEB. REV. STAT. §§ 25-2801 et seq.)

[// GUIDANCE: This template is drafted for use in Nebraska Small Claims Court and is intentionally more robust than the minimum statutory pleading requirements. Nebraska does not require a written answer (the defendant may simply appear at the hearing), but filing one can preserve defenses, expedite resolution, and create a cleaner appellate record. Customize bracketed items, delete inapplicable defenses, and add exhibits as needed.]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Admissions / Denials)
IV. Representations & Warranties (Defendant’s Statements of Fact)
V. Covenants & Restrictions (Procedural Commitments)
VI. Default & Remedies (Prayer for Relief)
VII. Risk Allocation (Liability Caps)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Effective Date. This Answer is deemed filed on the date stamped by the Clerk of the County Court of [COUNTY] County, Nebraska (the “Effective Date”).

2. Jurisdiction & Venue. Defendant admits that this Court has jurisdiction under Neb. Rev. Stat. §§ 25-2801 et seq. and that venue is proper in [COUNTY] County.

3. Parties.
    a. “Plaintiff” means [PLAINTIFF NAME], whose address is on file with the Court.
    b. “Defendant” means [DEFENDANT NAME], whose address is [DEFENDANT ADDRESS].

II. DEFINITIONS

For purposes of this Answer:

“Claim” The civil claim asserted in Plaintiff’s Small Claims Complaint filed on [DATE].
“Complaint” Plaintiff’s Small Claims Complaint in the above-captioned matter.
“Court” The Small Claims Division of the County Court of [COUNTY] County, Nebraska.
“Small Claims Act” Neb. Rev. Stat. §§ 25-2801 to 25-2807.

III. OPERATIVE PROVISIONS

1. Paragraph-by-Paragraph Response. Pursuant to Neb. Ct. R. § 6-1466 and local practice, Defendant responds as follows (each numbered paragraph below corresponds to the like-numbered paragraph of the Complaint unless otherwise indicated):

1.1 [ADMIT / DENY / LACK SUFFICIENT INFORMATION]

1.2 [ADMIT / DENY / LACK SUFFICIENT INFORMATION]

…continue until every allegation is addressed…

2. General Denial. Except as expressly admitted herein, Defendant denies each and every allegation of the Complaint.

IV. REPRESENTATIONS & WARRANTIES (STATEMENTS OF FACT)

1. Status of the Parties. Defendant represents that he/she is sui juris and not subject to any legal disability that would impair the ability to defend this action.

2. No Outstanding Obligation. Defendant states that, to the best of his/her knowledge, any obligation alleged in the Complaint has been [paid / settled / discharged / never incurred].

3. Compliance with the Small Claims Act. Defendant has, to date, complied with all procedural requirements of the Nebraska Small Claims Act.

V. COVENANTS & RESTRICTIONS (PROCEDURAL COMMITMENTS)

1. Discovery Cooperation. Although formal discovery is not available in Small Claims Court, Defendant agrees to exchange any intended exhibits with Plaintiff at least three (3) business days before the hearing.

2. Notice Obligations. Defendant shall promptly notify Plaintiff of any change in mailing address prior to final disposition.

VI. DEFAULT & REMEDIES (PRAYER FOR RELIEF)

WHEREFORE, Defendant respectfully requests that the Court:

a. Dismiss the Complaint with prejudice;
b. Enter judgment in favor of Defendant on all claims;
c. Award Defendant costs allowable under Neb. Rev. Stat. § 25-2804; and
d. Grant such other and further relief as the Court deems just and proper.

VII. RISK ALLOCATION

1. Liability Cap. Pursuant to Neb. Rev. Stat. § 25-2802, any monetary recovery in this action is limited to the statutory small-claims jurisdictional maximum (currently $3,900, exclusive of costs).

VIII. DISPUTE RESOLUTION

1. Governing Law. This matter is governed by the laws of the State of Nebraska.

2. Forum Selection. The exclusive forum for this dispute is the Small Claims Division of the County Court of [COUNTY] County, Nebraska.

3. Jury Waiver. Jury trials are not available in Nebraska small claims proceedings.

4. Arbitration & Injunctive Relief. Neither arbitration nor injunctive relief is available in the Small Claims Division.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. Any amendment to this Answer requires leave of Court. No waiver of any defense shall be valid unless set forth in a writing filed with the Court.

2. Assignment. Defendant may not assign any counterclaim without prior Court approval.

3. Severability. If any provision of this Answer is determined to be unenforceable, the remaining provisions shall remain in full force and effect.

4. Integration. This Answer, together with any properly filed amendments and Counterclaims, constitutes the entire responsive pleading of Defendant.

5. Electronic Signatures. Pursuant to Neb. Ct. R. § 6-1443, electronic signatures are accepted by the Court.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of ____, 20__.
text

[DEFENDANT NAME]
Defendant, pro se [OR: Defendant’s Counsel]
[ADDRESS]
[PHONE]
[EMAIL]

OPTIONAL COUNTERCLAIM

[// GUIDANCE: File and serve at least two (2) days before the scheduled hearing. Neb. Rev. Stat. § 25-2803 requires that the counterclaim not exceed the small-claims dollar limit.]

1. Counterclaim Background. Defendant realleges and incorporates by reference all preceding paragraphs.

2. Nature of Counterclaim. Plaintiff is indebted to Defendant in the amount of $[__] for [describe basis: e.g., “unpaid goods delivered on MM/DD/YYYY”].

3. Damages. Defendant seeks judgment against Plaintiff in the sum of $[__], plus costs.

AFFIRMATIVE DEFENSES

[// GUIDANCE: Plead in the alternative; delete defenses that do not apply. Burden of proof rests with Defendant.]

1. Failure to State a Claim.
2. Payment and Performance.
3. Statute of Limitations.
4. Accord and Satisfaction.
5. Estoppel and Waiver.
6. Lack of Consideration.
7. Setoff/Recoupment.
8. Comparative/Contributory Negligence (if tort).
9. Misidentification of Defendant.
10. Any Additional Statutory Defense Under Neb. Rev. Stat. §§ 25-2801 et seq.

VERIFICATION

I, [DEFENDANT NAME], being first duly sworn, state that I have read the foregoing Answer (and Counterclaim, if any) and that the statements contained herein are true and correct to the best of my knowledge, information, and belief.

text

[DEFENDANT NAME]

STATE OF NEBRASKA )
) ss.
COUNTY OF [COUNTY] )

Subscribed and sworn before me this ___ day of ____, 20__.

Notary Public

CERTIFICATE OF SERVICE

I certify that on the ___ day of ____, 20__, I served a true and correct copy of the foregoing Answer (and Counterclaim, if any) upon:

text
[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]

☐ By United States Mail, first-class, postage prepaid
☐ By hand delivery
☐ By email (with Plaintiff’s prior written consent)

text

[DEFENDANT NAME]

[// GUIDANCE:
1. Answer Deadline. Nebraska small claims defendants are not statutorily required to file a written answer; the first appearance date listed on the summons functions as the response deadline. Filing this Answer any time up to—or, in practice, at—first appearance is acceptable. File earlier if asserting a counterclaim to ensure the clerk can calendar it.

2. Counterclaim Rules. Under Neb. Rev. Stat. § 25-2803:
   • Amount may not exceed the small-claims jurisdictional limit;
   • Must be filed with the clerk and served on Plaintiff at least two (2) days before the hearing;
   • Requires payment of the small-claims filing fee.

3. Affirmative Defenses. The list above includes commonly asserted NE defenses. Remove any that are inapplicable to avoid diluting stronger defenses.

4. Appeals. Either party may appeal an adverse small-claims judgment to district court within 30 days (Neb. Rev. Stat. § 25-2807). Preserving objections and defenses in writing can clarify issues on appeal.

5. Legal Representation. Corporations and LLCs must appear through an attorney in Nebraska small claims court. Individuals may appear pro se.