IN THE SMALL CLAIMS DIVISION
COUNTY COURT OF ______ COUNTY, NEBRASKA
[PLAINTIFF LEGAL NAME], Plaintiff
– v. –
[DEFENDANT LEGAL NAME], Defendant
Court File No.: ____
Judge: ______
SMALL CLAIMS COMPLAINT FOR MONETARY DAMAGES
[// GUIDANCE: This template is drafted for use in Nebraska Small Claims Court proceedings under Neb. Rev. Stat. §§ 25-2801 et seq. It incorporates Nebraska-specific monetary limits, allowable claim types, and appeal rights while retaining flexibility for attorney customization. Replace every bracketed item before filing.]
TABLE OF CONTENTS
- Parties and Service Information
- Jurisdiction and Venue
- Statement of Claim
- Amount in Controversy and Compliance With Statutory Limits
- Demand for Judgment
- Reservation of Appeal Rights
- Verification (Required)
- Signature Block
- Certificate of Service
1. PARTIES AND SERVICE INFORMATION
1.1 Plaintiff.
(a) Legal Name: [PLAINTIFF FULL LEGAL NAME]
(b) Residential / Principal Business Address: [ADDRESS]
(c) Telephone & E-Mail (optional): [PHONE / EMAIL]
1.2 Defendant.
(a) Legal Name: [DEFENDANT FULL LEGAL NAME]
(b) Residential / Principal Business Address: [ADDRESS]
(c) If Defendant is a business entity, identify form (e.g., LLC, Corp.) and Nebraska registered agent if known.
1.3 Service.
Plaintiff requests that the Court effect service of the Summons and a copy of this Complaint upon Defendant pursuant to Nebraska Small Claims Rule 6 by:
☐ Certified Mail ☐ Other method authorized by the Court (specify): _______.
[// GUIDANCE: Nebraska small claims plaintiffs may rely on the clerk to complete service by certified mail. If alternative service is necessary, confer with the clerk before designating.]
2. JURISDICTION AND VENUE
2.1 Jurisdiction.
This action is brought under the Nebraska Small Claims Act for recovery of money only, in an amount not exceeding the statutory maximum for small claims actions (currently $[STATUTORY MAXIMUM]), exclusive of allowable court costs and interest.
2.2 Venue.
Venue is proper in this County Court because:
(a) Defendant [resides / has its principal place of business] in this county; or
(b) The events or transactions giving rise to this claim occurred within this county.
3. STATEMENT OF CLAIM
3.1 Factual Allegations.
On or about [DATE], Defendant [describe conduct—e.g., failed to pay for goods delivered / caused property damage to Plaintiff’s vehicle / failed to return security deposit, etc.].
3.2 Legal Theory.
Defendant’s actions constitute [breach of contract / negligence / unjust enrichment / other applicable theory], entitling Plaintiff to money damages.
3.3 Supporting Documentation.
Plaintiff attaches or will present at trial true and accurate copies of all relevant contracts, invoices, photographs, repair estimates, correspondence, and other evidence substantiating the claim.
[// GUIDANCE: Attachments are not strictly required at filing but should be available for the initial hearing. List exhibits alphabetically (Ex. A, Ex. B, etc.).]
4. AMOUNT IN CONTROVERSY AND STATUTORY COMPLIANCE
4.1 Principal Damages Sought: $ [AMOUNT]
4.2 Pre-Judgment Interest (if legally recoverable): $ [AMOUNT or “N/A”]
4.3 Court Costs (to be determined by Clerk): $ [TBD]
4.4 Statutory Limit Representation.
Plaintiff affirms that the total amount claimed, exclusive of allowable court costs and statutory interest, does not exceed the Nebraska small claims jurisdictional limit in effect on the date of filing.
[// GUIDANCE: Verify current limit—Nebraska periodically adjusts the cap (e.g., $3,900 as of 2024). Insert exact figure or leave bracketed.]
5. DEMAND FOR JUDGMENT
WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant as follows:
a. Principal damages in the amount of $ [AMOUNT];
b. Pre-judgment and post-judgment interest as allowed by law;
c. Court costs assessed to Defendant; and
d. Any other relief the Court deems just and proper under the Nebraska Small Claims Act.
6. RESERVATION OF APPEAL RIGHTS
Plaintiff acknowledges that any party aggrieved by the Court’s judgment may appeal to the district court within thirty (30) days after entry of judgment, pursuant to Neb. Rev. Stat. § 25-2807, by filing a notice of appeal and posting the required docket fee.
[// GUIDANCE: Although appeal rights need not be pleaded, explicitly stating them signals procedural awareness and pre-emptively advises pro se opponents.]
7. VERIFICATION
I, [PLAINTIFF NAME], being first duly sworn on oath, state that I am the Plaintiff in the above-entitled action, that I have read the foregoing Complaint, and that the factual statements contained herein are true and correct to the best of my knowledge, information, and belief.
Date: ___ / ___ / 20 _________
[PLAINTIFF NAME]
STATE OF NEBRASKA )
) ss.
COUNTY OF ____ )
On this ___ day of _, 20, before me, a Notary Public in and for said State, personally appeared [PLAINTIFF NAME], known to me or satisfactorily proven to be the person whose name is subscribed to the foregoing, and acknowledged that he/she executed the same for the purposes therein contained.
Notary Public
My Commission Expires: ____
[// GUIDANCE: Nebraska requires verification but not notarization for small claims pleadings; however, notarization adds evidentiary weight and is recommended when practicable. Omit the jurat if you intend to rely solely on an unsworn verification under penalty of perjury (see Neb. Rev. Stat. § 28-915).]
8. SIGNATURE BLOCK
Respectfully submitted,
[PLAINTIFF NAME]
[ADDRESS]
[PHONE]
[E-MAIL]
☐ Pro Se ☐ Through Counsel
If counsel signs, attach appearance and ensure compliance with Nebraska Supreme Court Rule §6-146 (electronic filing/address requirements).
9. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of this Small Claims Complaint was served on Defendant as indicated below:
☐ By the Clerk via certified mail, postage prepaid, to the address listed in section 1.2; or
☐ By other method authorized by the Court (describe): _______.
Date: ___ / ___ / 20 _________
[PLAINTIFF NAME or Counsel]
[// GUIDANCE: After filing, monitor the docket for confirmation that service was perfected. If service fails, promptly file a request for alias summons.]