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Nebraska Small Claims Questions & Answers
0 Answers | Asked in Car Accidents and Small Claims for Nebraska on
Q: Is there someone who can be contacted to speak w/ a defendant about the process & rights they have when taken to SCC?

Defendant was in an auto accident Aprox 5yrs ago and did not have auto insurance at the time. They were t-boned by the plaintiff and were not at fault. Defendent failed to resolve the cost the plaintiff incurred but also lost their own vehicle. Defendant just received paper work for a hearing at... View More

1 Answer | Asked in Consumer Law, Appeals / Appellate Law and Small Claims for Nebraska on
Q: What can I do about past judgements that date form late 90's to 2016 in the states of Nebraska and Kansas?

These judgements I never knew existed until I applied for an FHA loan. The oldest released in '98 and only has my SS# on it with my brother's name and his wife. Other judgements I can't make heads and tails out of. Would these fall under statute of limitations and how can I remove... View More

Julie Fowler
Julie Fowler
answered on Dec 4, 2023

It depends on what you mean by judgments. Are these court case judgments? If so, you may need to review the court file(s) to see what you could do to challenge them at this time. Are these on your credit report? Sometimes things get improperly reported and you can send in proof to the credit... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: What is their legal recourse? Can they get any money from him for exposure to elements or cost of fixing it has gone up

My parents have a classic car that mechanic was supposed to work on in his free time with parts my dad supplied. That was 8 years ago!!!!!! Now the car is in this jokers home drive way in the elements!!! My parents are afraid what they owe him. I say, "NOTHING!!!!

Julie Fowler
Julie Fowler
answered on Sep 20, 2023

If the parties had an agreement to perform work for compensation, then they have a contract. If one party (or both parties) believes the other party failed in performing their side of the contract, then they can file a court action for breach of contract. Depending on the specific circumstances,... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: Is 100$ worth going to small claims court over (Omaha, NE)

I had a friend borrow just about 100$ from me through CashApp. I just found out that she has no intention of paying me back. Cashapp couldn't recover the money. Is this worth it? I do have records of the transactions but I do not have records of the conversations. They were on snapchat though... View More

Julie Fowler
Julie Fowler
answered on Apr 28, 2023

If it was a gift, the person doesn't have to pay you back. If it was a loan, you can bring an action to ask the Court to force the other party to pay you back pursuant to the terms of your loan agreement, even if it was an oral argument. You can review your evidence to see if you have enough... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: Got an air compressor on Facebook but didn't have money to pay the guy loaded them anyways said pay him later

Got them home and researched them found out its not worth anything and there is no way I can use it contacted the seller and said I can't use it I'm just going to bring it back he refuses to let me bring it back to him and says he is going to get the law involved if I don't pay him... View More

Julie Fowler
Julie Fowler
answered on Mar 2, 2023

Unlike many businesses that allow free returns, you generally don't have the right to return an item you purchased from a private seller, absent fraud, etc. by the seller. If you have an agreement to pay for something you received, the Court will generally hold you to pay for it, even if you... View More

1 Answer | Asked in Municipal Law, Small Claims and Construction Law for Nebraska on
Q: we hired a guy to do our sideing and roof on the house back in september we havent heard from him since what to do
Julie Fowler
Julie Fowler
answered on Jan 9, 2023

I assume that you also paid this person. There are cases of fraud where a contractor accepts payment or partial payment and then leaves the area without doing any work or having the intention to do so. If you believe you may have been scammed, you may want to contact the non-emergency line and... View More

1 Answer | Asked in Consumer Law and Small Claims for Nebraska on
Q: I bought something that was represented as new. After I purchased I discovered it was 6 years old. What is my recourse?

It is a recumbent trike that was $3250. I bought it from a shop in Nebraska. I paid for it sight unseen from Oklahoma. Brand new ones cost between 3150-3350. On the receipt it doesn’t list that it is used. I emailed the company that builds the trike with the serial number and they responded... View More

Julie Fowler
Julie Fowler
answered on May 12, 2021

There is information about small claims court on the Nebraska Supreme Court's website. Small Claims Court doesn't allow attorneys and is for cases like yours where the dollar amount in question is relatively small.

That being said, it is possible that an item produced in a...
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2 Answers | Asked in Consumer Law, Collections and Small Claims for Nebraska on
Q: How do I recover money paid to a contractor who never finished the job? My elderly uncle prepaid for tree removal.

My uncle is too trustworthy and didn't ask for a receipt. I have several texts from the contractor stating that he'd be over to finish the job and we have my uncle's bank statement showing a large cash withdrawal (which he never does) and of course we still have the tree standing.... View More

James Polack
James Polack
answered on Jan 26, 2020

You might consider Small Claims Court.

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1 Answer | Asked in Personal Injury and Small Claims for Nebraska on
Q: My two year old son fell 6 ft @ daycare and fractured his leg. Should the daycare be liable for the bills?

The daycare doesn't have a liability clause at all. The director said they were going to cover the costs of the bills and then today the owner said they were not taking of them.

Julie Fowler
Julie Fowler
answered on Aug 8, 2019

A business is liable to a patron who falls on their property if the business was negligent. This is true whether or not the business has decided to carry liability insurance or not. Whether a business would be responsible for a person's bills for falling at their property depends on whether... View More

1 Answer | Asked in Gaming and Small Claims for Nebraska on
Q: Can I sue my sister for her son who is 10 stealing from me or can I sue him it was almost 300$ which he used on a game?

About a month ago while watching my nephew while his mom was in new York he purchased almost 300$ worth of PlayStation virtual currency In a game called fortnite which overdrew my account in total changes it was 415.31 Initially she said she would pay me back but has now changed her mind after me... View More

Julie Fowler
Julie Fowler
answered on Jun 10, 2019

Small claims court is designed exactly for this type of situation where there is a relatively low dollar request to repay due to a wrong. Many of the county courthouses have the forms available for you to pursue a small claims case on your own. It may make sense to handle this in small claims... View More

1 Answer | Asked in Small Claims for Nebraska on
Q: How long does one have to file a Small Claim, ($215.04) in NE.
Ryan P. Sullivan
Ryan P. Sullivan
answered on May 13, 2011

It depends on the nature of the claim. For example, a claim arising out of breach of a written contract is 5 years. Conversely, a claim resulting from an intentional tort must be filed within 1 year. In Nebraska, there are statutes of limitations governing nearly every type of action, and vary... View More

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