Motion to Set Aside Default Judgment in Nebraska Small Claims Court

You missed your Nebraska small claims hearing and the judge entered a default judgment against you. The plaintiff can now seek collection of the judgment, up to $7,500 plus court costs — through wage garnishment, bank levies, or, for judgments arising from motor vehicle accidents, a DMV license suspension after 60 days. Nebraska provides a procedure to ask the County Court to set the judgment aside.

The 30-Day Window

Under Neb. Rev. Stat. § 25-2720.01 and § 25-2804(7), you can file a Motion to Set Aside Default Judgment within 30 calendar days of the judgment entry date. Not 30 days from when you found out about it — 30 days from when the clerk entered it on the docket.

The form is CC 4:9 ("Motion to Set Aside Default Judgment and Application for New Trial"), available in English and Spanish from nebraskajudicial.gov or the County Court Clerk's office.

The 30-day deadline to file Form CC 4:9 is separate from the 30-day appeal deadline, which also runs from judgment entry. Filing the motion does not extend the appeal deadline.

What You Need to Show

Form CC 4:9 lists three grounds. You check the one that applies:

1. Error in the judgment amount — the judge awarded more than the claim supported, or miscalculated damages.
2. Decision not sustained by sufficient evidence or contrary to law — the plaintiff's evidence, even unopposed, didn't support the judgment.
3. Other good cause — explain why you missed the hearing and provide supporting evidence. Examples include lack of actual notice or a severe emergency; the judge decides whether the circumstances justify setting the judgment aside.

Explain the circumstances and include relevant documentation where available, such as records of an emergency or evidence about where service was sent.

How to File

1. Complete Form CC 4:9 with the case number, your explanation for missing the hearing, and the ground you're asserting.
2. File it with the County Court Clerk — in person, by mail, or by fax with the mandatory cover sheet.
3. Serve a copy on the plaintiff by U.S. Mail and complete the Certificate of Service on the form.
4. Pay the motion filing fee (or file an In Forma Pauperis application using Form DC 6:7.1 if you can't afford it).

Unlike the hearing itself, an attorney can help you draft, file, and argue this motion. If the amount at stake justifies it, consider getting legal help at this stage.

What Happens Next

The court schedules a hearing on your motion. You appear, explain your absence, and present your evidence of good cause. If the judge grants the motion, the default judgment is vacated and a new hearing date is set. You get a fresh trial.

If the judge denies it, the default judgment stands. An appeal to District Court must be filed within 30 days after the judgment was entered; filing Form CC 4:9 does not extend that deadline. Appeals are record-review only — no new witnesses or evidence.

Stopping Collection While the Motion Is Pending

Filing Form CC 4:9 does not automatically stay collection efforts. If the plaintiff has already started garnishment or execution, you need to ask the judge for a formal stay. The court may require you to post a bond securing the judgment amount while your motion is pending.

Act fast — once wages are garnished or a bank account is levied, getting that money back is a separate legal headache even if you win the motion.

The Nebraska Small Claims Response Guide includes a step-by-step default recovery workflow with a post-decision action log for tracking deadlines and collection activities.

See more Nebraska guides →