Nebraska Small Claims Court Fees: Filing Costs, Service Fees, and Fee Waivers
The base cost to file a small claims case in Nebraska is $58 — the same regardless of whether you're claiming $200 or $7,500. But the filing fee is just one part of the total cost. Service fees, potential transfer fees, and appeal bonds can add up depending on how the case unfolds.
The $58 Filing Fee Breakdown
The $58 base docket total (effective July 1, 2026) is actually a bundle of four separate charges:
| Component | Amount | Authority |
|---|---|---|
| Small claims docket fee | $4.25 | § 25-2804 |
| Judges retirement fee | $14.00 | § 24-703 |
| Automation fee | $8.00 | § 33-107.03 |
| Remaining docket costs | $31.75 | Fee schedule |
| Total | $58.00 |
You pay this when you file Form CC 4:1 at the County Court clerk's office. Payment methods vary by county — most accept cash, check, or money order. If filing by mail, send a check or money order (not cash).
Service of Process Costs
After filing, you need to serve the defendant. The cost depends on which method you choose:
Clerk certified mail is the lower-cost option. The clerk sends the summons via restricted delivery, return receipt requested. Service charges start at $11; confirm the current amount with the clerk.
County Sheriff service costs more — charges start at $35, and fees vary by county and may include mileage charges for out-of-town service. If the defendant is in a different county, confirm the sheriff's fee with that county.
Private process server fees are set by the server; ask for a quote and whether mileage or other charges apply.
If service fails (the certified mail comes back unclaimed), you'll need to try again with a different method, and each attempt has its own cost.
Other Potential Fees
Transfer to civil docket: $20 with the transfer request (Form CC 4:3), which may be filed to seek attorney representation, a jury trial, or to assert a counterclaim over $7,500.
Appeal cost bond: $50 cash or surety deposit, required to appeal a small claims judgment to District Court under § 25-2729(4)(b). On top of this, the appellant pays District Court filing fees and transcript preparation costs.
Subpoena fees: If you need to compel a witness, you'll pay $8 in witness attendance fees plus mileage.
Winning party recovers costs: If you win, the judge typically orders the losing party to reimburse your filing fee and service costs. These costs are added on top of the judgment amount — they don't count against the $7,500 cap.
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Fee Waivers (In Forma Pauperis)
If the filing fee creates genuine financial hardship, you can apply for a waiver by filing Form DC 6:7.1 — Affidavit and Application to Proceed Without Payment of Fees. You'll need to disclose monthly income, assets, liquid funds, and dependents.
If the County Court judge approves your application (using Order Form DC 6:7.2), the initial filing fee and clerk service costs are waived. Two things a fee waiver does not cover: third-party process server fees and post-judgment cost assessments if you lose.
Is It Worth the Cost?
At $58 plus service costs, filing a small claims case in Nebraska is one of the cheapest legal proceedings available. Your total depends on the service method, mileage, and local fees. If you win, those costs may be added to the judgment. The real cost is your time — a morning or afternoon at the courthouse.
The Nebraska Small Claims Filing Guide covers every fee you'll encounter, from the initial $58 through potential appeal bonds, along with a step-by-step walkthrough of the fee waiver application.
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