Nebraska small claims
How to fill out Nebraska's CC 4:1 (Plaintiff's Claim and Notice to Defendant)
Official form: CC 4:1 — Plaintiff's Claim and Notice to Defendant · Walkthrough written against Ch. 6, Art. 14, App. 1 — CC 4:1, Eff. 07/2025
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Get the official CC 4:1 from the court's site →Link verified 2026-07-04. If it has moved, the court's forms index and clerk's office will have the current version — verify with the court before filing.
What this form is
The CC 4:1 — "Plaintiff's Claim and Notice to Defendant (Small Claims Court)" — starts a small claims case in Nebraska's county courts. It is a required statewide form published as Appendix 1 to Chapter 6, Article 14 of the Nebraska Court Rules, citing Neb. Rev. Stat. § 25-2804(3). You file it with the clerk of the county court, and it doubles as the notice served on the defendant.
Nebraska small claims covers claims of $7,500 or less, and the court's structure is unusually strict about representation: the form's own information sheet states that you cannot be represented by an attorney in Small Claims Court, though you are allowed to seek an attorney's advice about your case. Filing volume is capped too — no more than two claims in a calendar week or ten in a calendar year, and the form makes you write your counts in.
The form is three pages: page 1 is your claim (with a military-service declaration and a service-method election), page 2 is the Notice to Defendant that the court completes with the hearing date, and page 3 is an information sheet covering the $7,500 limit, counterclaims and transfers to the regular docket, mediation, appeals to district court within 30 days, and collection.
The form, field by field
What each part of the form asks for, in the form's own order. These are descriptions of the questions — what to answer depends on facts only you know, and the court clerk or the form's own instructions are the authoritative sources.
The caption
"IN THE COUNTY COURT OF ___ COUNTY, NEBRASKA" (choose the county)
The county where you are filing. The information sheet states venue: the county where the defendant lives or does business, or where the legal dispute occurred. The case number is the clerk's.
Plaintiff block — name, street address / P.O. box, city/state/zip, telephone, email
Your identifying and contact information.
Defendant block — name, street address / P.O. box, city/state/zip, telephone, email
The person or business being sued. Nebraska's small claims guidance stresses knowing the defendant's proper legal name — and, for a corporation or other entity, the registered agent authorized to receive court papers.
The claim statement
"Plaintiff states that defendant(s) owe(s) and should be ordered to pay to me the sum of $___ and costs of this action, or return the property valued at $___ and costs of this action because on ___ at ___"
One pre-printed sentence with blanks for the money amount or the value of property to be returned, the date, and a description of what happened. Costs are claimed by the printed text — they are not added into your amount.
The military declaration and filing counts
Military service declaration
Pre-printed text: "Plaintiff declares that the defendant(s) is (are) not a 'person in the military service of the United States' as defined in Sec. 101 of the Soldiers Relief Act, 1940." Federal law restricts suits and default judgments against certain servicemembers, so the declaration is part of the claim itself.
"I have filed ___ small claims this week, and ___ within the current calendar year."
Two blanks for your filing counts. Nebraska caps small-claims use at two filings per calendar week and ten per calendar year.
Service election and signature
"I elect to have the notice served upon the defendant(s) by:" — sheriff / constable / process server / certified mail restricted delivery
Four checkboxes. In Nebraska the plaintiff decides how the notice is served and is responsible for service — sheriff or process server fees are arranged with them directly, while certified mail restricted delivery goes through the clerk and the post office (form CC 4:5 covers the certified-mail return).
Date and Plaintiff's Signature
You date and sign the claim.
Pages 2–3 — the court's notice and the information sheet
Notice to Defendant (page 2)
Completed by the court, not by you: the hearing county, courthouse address, date and time, and the clerk's phone number, signed by the clerk with the court seal. It tells the defendant that a judgment will be entered, with costs, if they do not appear.
Small Claims Court information sheet (page 3)
Pre-printed reference material: the $7,500 limit, the no-attorney-representation rule, the 2-per-week/10-per-year filing caps, counterclaims and setoffs (with transfer to the regular docket if a counterclaim exceeds $7,500), court-approved mediation centers, the 30-day appeal to district court, and the prevailing party's responsibility to collect the judgment.
Common reasons clerks reject this form
Clerks bounce filings for mechanical, fixable reasons. These are the patterns that come up with this particular form:
- ⚠Leaving any field blank — the Judicial Branch's own plaintiff checklist states that all fields must be filled out and incomplete forms will not be set for hearing.
- ⚠Filing in the wrong county — Nebraska's small claims guidance warns that a case filed in the wrong court will be dismissed and the filing fees and prepaid costs lost.
- ⚠Claiming more than $7,500 — judgments in Nebraska small claims may not exceed that amount; larger disputes belong on the county court's regular civil docket.
- ⚠Suing a business without its proper legal name or registered agent — misidentifying the defendant or failing to obtain proper service can get the claim dismissed and the fees forfeited.
- ⚠Skipping the filing-count lines or exceeding the caps — no more than two small claims per calendar week or ten per calendar year.
- ⚠Not electing a service method — the plaintiff chooses sheriff, constable, process server, or certified mail restricted delivery, and service can't proceed without the election and prepaid costs.
What filing costs, and where it happens
Nebraska's small claims filing fee is set by statute, with statutory add-on costs, and service fees are paid in advance by the plaintiff — the current schedule is posted on the Nebraska Judicial Branch's Filing Fees and Court Costs page, and the form's information sheet notes that these costs are added to any judgment in the plaintiff's favor. Fee waivers are available through the In Forma Pauperis application (DC 6:7.1).
You file the signed CC 4:1 with the clerk of the county court, in person or by mail, in the county where the defendant lives or does business or where the dispute arose. The clerk sets the trial date, and the notice is served by your elected method. The clerk of the county court quotes the exact filing and service total for your case — verify before filing.
Published fees and court locations for your county are in our Nebraska small claims guide and the court directory. Fees change — verify the current amount with the clerk before filing.
Frequently asked questions
Where do I get the CC 4:1?
From the Nebraska Judicial Branch website — the fillable PDF is published as Appendix 1 to the small claims court rules and linked on this page. County court clerks also have paper copies, and the court publishes a plaintiff's packet (CC 4:20.D4) with a step-by-step checklist.
Can I have a lawyer in Nebraska small claims?
No — the form's information sheet states you cannot be represented by an attorney in Small Claims Court, though you are allowed to seek an attorney's advice about your case. A defendant can transfer the case to the regular county court docket, where both sides may then have lawyers.
How much can I sue for?
$7,500 or less. If a defendant's counterclaim or setoff exceeds $7,500, the form's information sheet explains the case transfers to the regular civil docket.
How is the defendant served?
You choose on the form: sheriff, constable, process server, or certified mail restricted delivery. The plaintiff is responsible for service and pays the service fees in advance — sheriff and process-server fees are arranged with them directly.
What happens after I file?
The clerk assigns a case number and sets a trial date, which the court enters on the page-2 Notice to Defendant before service. Both parties appear on that date; per the notice, a defendant who does not appear faces judgment with costs, and either party may appeal to the district court within 30 days of judgment.
Related guides
Form link verified: 2026-07-04. Reviewed against our Editorial Standards.
This is general information to help you understand the form — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Courts revise forms, fees, and procedures; the court's own instructions and your court clerk are the authoritative sources. Always verify with the court before filing.