Nebraska Small Claims Court Fee Waiver (In Forma Pauperis)

The $58 filing fee for Nebraska small claims court isn't much compared to what you're owed — but if money is tight enough that you're filing a claim in the first place, that fee can be a real barrier. Nebraska law allows people experiencing financial hardship to ask the court to waive filing fees entirely.

The In Forma Pauperis Application

The fee waiver process in Nebraska is called proceeding in forma pauperis (IFP), which is Latin for "in the manner of a poor person." You apply using Form DC 6:7.1, officially titled the Affidavit and Application to Proceed Without Payment of Fees.

This form is available from the county court clerk's office or the Nebraska Judicial Branch website. It's the same form used across all Nebraska county court case types, including small claims.

What You'll Need to Disclose

The application requires detailed financial information. Be prepared to provide:

• Your monthly income from all sources (employment, benefits, child support, disability)
• A list of your assets (bank accounts, vehicles, real property)
• Your available liquid funds (cash, checking and savings balances)
• The number of dependents you support

The presiding county court judge reviews the application and decides whether to grant it. The application materials do not provide a fixed income cutoff; the judge reviews your financial disclosures under Neb. Rev. Stat. § 25-2301 et seq.

If approved, the judge enters an Order to Proceed In Forma Pauperis on Form DC 6:7.2.

What the Waiver Covers — and What It Doesn't

Covered: The initial filing fees and clerk service costs. This means the $58 base docket fee and the cost of clerk-certified mail service are waived.

Not covered: Third-party process server fees. If clerk-certified mail fails and you need to use sheriff service or a private process server, those costs aren't automatically covered by the IFP order.

The waiver also doesn't guarantee relief from post-judgment cost assessments. If you lose your case, the judge could still assess court costs against you.

Filing the Application

Submit Form DC 6:7.1 with your financial disclosures. The judge reviews the application and, if it is granted, enters Form DC 6:7.2. Ask the clerk how to submit the application with your small claims filing.

Be honest on the application. Judges review these regularly and can spot inconsistencies. If your financial situation genuinely warrants a waiver, the application is straightforward.

If the Waiver Is Denied

If the judge denies your application, contact the clerk promptly about paying the filing fee and the status of your case.

The judgment may include court costs assessed against the losing party. The fee-waiver order does not guarantee relief from those costs if you lose.

The fee waiver is one piece of the filing process. The Nebraska Small Claims Filing Guide walks through every step from demand letter through the hearing — including how to handle filing fees, service costs, and court paperwork.

See more Nebraska guides →