Nebraska Small Claims Counterclaim: How to File Form CC 4:2

You've been sued in Nebraska small claims court, but the plaintiff actually owes you money from the same dispute. A landlord sues for property damage, but they never returned your security deposit. A contractor demands payment, but their work was defective. Nebraska lets you counterclaim — but the deadline is brutally short.

The Two-Day Rule

Under Neb. Rev. Stat. § 25-2804(4), a counterclaim in small claims court must be filed with the County Court Clerk and served on the plaintiff at least two full days before the scheduled hearing. Not two business days — count backward from the hearing date, excluding the hearing day and including the deadline day; if the deadline falls on a weekend or holiday, it moves to the next business day under Neb. Ct. R. § 6-1106.

If your hearing is on Thursday, the counterclaim must be filed and served by Tuesday at the latest. Miss this window and you forfeit the right to counterclaim within the same small claims case. You could still file a separate lawsuit, but that's a second filing fee and a second hearing.

What Form CC 4:2 Covers

Form CC 4:2 ("Counter Claim or Setoff of Defendant") is the official court form. It lets you assert two types of claims:

Counterclaim: You allege the plaintiff owes you money or property arising from the same transaction. Example: your landlord sues you for $2,000 in cleaning costs, and you counterclaim for $1,200 in unreturned deposit under Neb. Rev. Stat. § 76-1416.

Setoff: You acknowledge you may owe the plaintiff something, but assert an offsetting amount. Example: you agree you owe $800 for rent, but the plaintiff owes you $1,500 in deposit, so the net claim is $700 in your favor.

Both are capped at $7,500 — the small claims jurisdictional limit. If your claim exceeds that, you'll need to transfer the case to regular county court using Form CC 4:3 instead.

How to File and Serve

1. Get the form from nebraskajudicial.gov or the County Court Clerk's office.
2. Fill it out with the case number from your summons, the parties' names, the amount you're claiming, and a clear description of why the plaintiff owes you.
3. File it with the clerk at the County Court handling your case. You can file in person, by mail, or by fax (with the mandatory fax cover sheet, permitted through July 1, 2028).
4. Serve a copy on the plaintiff. This is where defendants stumble — you can't just hand it to them or drop it in the mail. Service must be by certified mail with restricted delivery and return receipt, or by sheriff/constable personal service. You must file proof of service with the clerk before the hearing.

There is no separate court filing fee for the counterclaim, but you may owe certified-mail or sheriff/constable service charges. Check current costs with the relevant office.

What Happens at the Hearing

Both claims are heard together. The plaintiff presents their case first, then you present yours, including your counterclaim evidence. The judge can award money to either side or offset the claims against each other.

Bring the same three-copy evidence packets you'd bring for any small claims defense: contracts, receipts, photos, text messages, and any proof supporting your counterclaim amount.

When to Transfer Instead

Consider transferring to regular county court (Form CC 4:3, $20 fee) if:

• Your counterclaim exceeds $7,500
• You want a lawyer to represent you
• The dispute involves complex evidence that benefits from formal discovery rules

Transfer must also be filed two days before the hearing, so you're on the same deadline either way.

For the full counterclaim filing workflow — including a service tracking log and evidence preparation checklists — see the Nebraska Small Claims Response Guide.

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