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Plaintiffs Claim And Notice To Defendant 4-1 - Nebraska
| Plaintiffs Claim And Notice To Defendant Form. This is a Nebraska form and can be used in Small Claims County Court-Separate Juvenile Court Statewide . |
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STATE OF NEBRASKA C ASE NUMBER Plaintiffs Claim and Notice to Defendant FORM NO. 4:1 05/03 rev. Sec. 25-2801 R.S.S. 1989 (Small Claims Court) IN THE COUNTY COURT OF COUNTY, NEBRASKA Plaintiff Plaintiffs Claim and Notice to Defendant VS. Defendant Plaintiff states that defendant(s) owe(s) and should be ordered to pay to me the sum of $ and costs of this action, or return the property valued at $ and costs of this action because on , at Plaintiff declares that the defendant(s) is (are) not a person in the military service of the United States as defined in Sec. 101 of the Soldiers Relief Act, 1940. I have filed small claims this week, and within the current calendar year. To the best of my knowledge and belief, the defendant(s) may be served at the following address: My printed name and printed address are as follows: Telephone #: I elect to have the notice served upon the defendant(s) by sheriff/constable mail process server. DATE: PLAINTIFFS SIGNATURE: DATE: SIGNED IN MY PRESENCE: (Seal) NOTICE TO DEFENDANT This claim has been filed against you. You must appear before this court on , , at . m. at (location) If you do not appear, a judgment may be entered against you, together with costs of this action. You should read the information on the back of this claim notice. If you have any questions about the procedure, you may contact the Clerk of the Court inperson or by calling DATE: BY THE COURT: (Seal) (Clerk) Appendix 4 -13.31- <<<<<<<<<********>>>>>>>>>>>>> 2 REOFFIC $ $ $ $ EESF URNT RESRCEIFFO on hat tyfiter ceby herI ed upon:ver s ____ I_________________, BY: sffintailhe P t ofopyed cifiterue and cra teon.her tsentems endorlh alti wmaiCl By: rnute & RceirvSe Copyeage liM ltaTo SMALL CLAIMS COURT The Small Claims Court provides a method of settling legal serving a notice of transfer at least two days prior to the disputes involving $2,400 or less. Court procedure is time the case is set for hearing. A transfer fee of $13.00 informal and without a jury. You cannot be represented by will be assess ed for either the transfer to the regular docketan attorney in Small Claims Court, however, you are or a counterclaim in excess of $2,400. allowed to seek an attorneys advice about your case. At the trial, both the plaintiff and the defendant may have The person making the claim is known as the plaintiff. The witnesses to support their position. They can have other other party is known as the defendant. Small Claims cases evidence produced in court, by a court order, if the other can be filed in the county where the defendant resides or is party refuses to bring it to court. Both may also present doing business or in the county where the legal dispute other evidence, such as contracts or cancelled checks. occurred. Except for merchants claiming a loss due to The responsibility for provng ti he case, and proving the shoplifting, no one may file more than two complaints in a amount of money or property owed, is that of the party calendar week, nor more than ten complaints in a calendar making the claim. year. The plaintiff fills out the claim form and signs it in the presence of a court clerk or notary. The clerk sets a date If either party is not satisfied with the judges decision, theyfor trial, and arranges for notice to the defendant. The may appeal to the district court where the case will be triednotice may be delivered by the sheriff or constable or sent again. The formal rules of evidence and procedure will be by certified mail. The plaintiff decides how the notice will be used and the parties may have lawyers. Notice of appeal served. The plaintiff pays in advance a filing fee totaling must be given within 30 days from the date of the judges $21.50, and the cost of serving the notice on the decision. When you file the notice of appeal you will be defendant. If the plaintiff wins, these costs are added to the required to post an appeal bond in the amount of $50.00. judgment which the defendant must pay. In addition, you will be required to pay the district court filing fee. If an appeal is filed and you desire to stop The plaintiff and defendant must appear in the court at the execution of the judgment against you, a supersedeas time shown on the notice. If the defendant does not bond must be filed in the amount of the judgment plus appear, a judgment can be entered against him or her. If costs. the defendant is not able to appear at the time set for trial, he or she should contact the court clerk before that time It is the duty of the party who wins the case to collect the and explain why. The court may continue the trial to a later judgment--the property or money which the judge has date if there is good reason. Mere inconvenience is never granted to him or her. If the losing party does not considered sufficient. The defendant has the right to file a voluntarily pay or agree to pay the judgment awarded, the counterclaim or setoff, but this must be done at least two party winning the lawsuit will have to start collection days prior to the time of trial. In a counterclaim, the procedures. Use of an attorney is permitted in these defendant says that the plaintiff is at fault rather than the collection procedures. defendant. In a setoff, the defendant says he or she may owe something, but that the plaintiff also owes something. If the amount of the counterclaim or setoff exceeds $2,400 A pamphlet explaining Small Claims Court in more the case will be transferred to regular civil docket and detail is available from the clerk of the county court. handled with a regular civil lawsuit. The defendant may request that the case be transferred out of the Small Claims Court to the regular civil docket by filing and -13.32-
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