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Appealing or Setting Aside A Small Claims Judgment

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ANY QUESTIONS YOU MAY HAVE REGARDING THE USE OF THE INSTRUCTIONS AND FORMS SHOULD BE DIRECTED TO A LAWYER.

Facts About Filing an Appeal in a Small Claims Case in Nebraska

  • An appeal must be filed within 30 days after the entry of judgment of the small claim.
  • The district court judge will make a decision on the appeal by reviewing the record of the county court case.
  • If you are filing an appeal without a lawyer, you must complete all the necessary forms on your own. The Clerk of the District Court cannot help you prepare any legal documents and can provide only limited information about the process.
  • Costs of the appeal generally will be charged against the losing party.

Forms and Filing

If either party is dissatisfied with the decision of the court, the case can be appealed. The appealing party must comply with the following within 30 days after the entry of judgment:

  • file a Notice of Appeal (CC 9:2) with the clerk of the county court;
  • pay the clerk of the county court the docket fee for filing cases in the district court;
  • file an Appeal Bond (CC 9:3) and deposit with the clerk of the county court a cash bond or a surety bond approved by the court in the amount of $50.00.
  • file a Praecipe for Transcript (CC 9:6) and
  • file a Praecipe for Bill of Exceptions (CC 9:7)
  • pay the deposit to have the record of the county court hearing transcribed and all the filings in the county court case copied for filing with the clerk of district court.

The person who appeals may prevent the other side from collecting their judgment until the appeal has been decided, but collection is not automatically stayed by filing an appeal. To do so an additional bond called a Supersedeas Bond (CC 9:4) must be filed with the clerk of the county court within 30 days after the entry of judgment. In cases involving a money judgment, the supersedeas bond must be in the amount of the judgment, plus costs and estimated interest. In cases involving a judgment for personal property, the bond shall be in an amount at least double the value of the property. If no supersedeas bond is filed, the party who won in small claims may start the collection process as soon as the judgment is entered, even though an appeal is pending.

The district court judge will make a decision on the appeal by reviewing the record of the county court case.  No new evidence or witnesses may be submitted.  Both sides may choose to be represented by an attorney during the entire appeal process. If you choose not to be represented by an attorney, you should contact the Clerk of the District Court about 2 weeks after the appeal is filed to determine what steps, if any, you need to take to pursue your appeal in the district court.

If you are unable to pay for the costs of the appeal, you may file a Financial Affidavit and request that the judge allow you to proceed In Forma Pauperis

Facts About Requesting to Set Aside, Modify or Vacate a Small Claims Judgment

  • A default judgment is a judgment entered when one party does not appear. If a default judgment is entered against you, you can file a motion to Set Aside, Modify or Vacate that judgment with the county court instead of filing an appeal.
  • The motion must be filed within 30 days after the entry of judgment of the small claim.
  • You may be represented by an attorney for the purpose of filing a Motion to Set Aside, Modify or Vacate a judgment with the county court.
  • If you are filing a motion without a lawyer, you must complete the necessary filing (CC 4:9) on your own. The Clerk of the Court cannot help you prepare any legal documents and can provide only limited information about the process.

Forms and Filing

Forms for filing motions are under development.

 

 

This page was last modified on Tuesday, May 7, 2013