How to Answer a Summons for Debt Collection in Nebraska (2024 Guide)
George Simons | June 18, 2024
Co-Founder of SoloSuit George Simons, JD/MBA
George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.
Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.
Summary: If you're facing a debt collection lawsuit in Nebraska, it's important to take action. You have 30 days to respond to a debt lawsuit in Nebraska and avoid losing automatically by default judgment. To respond to your lawsuit, you should file a written Answer in the court where you respond to each claim against you and assert your affirmative defenses. SoloSuit can help you draft and file an Answer in a matter of minutes.
Wow, I can't wait for that debt collector to call again — said nobody ever.
None of us want to be faced with a debt collection lawsuit, but if you are, the best way to get a positive outcome in court is to take action by responding to the Summons and Complaint. Unfortunately this is easier said than done, and the process can be overwhelming.
Not sure where to begin? SoloSuit is here to guide you through the process of responding to the lawsuit on your own. Or if you'd rather make it easier on yourself, you can use our automated service to create an Answer to the lawsuit in just 15 minutes.
In this guide, we'll cover all the steps you should take to respond to a Nebraska summons for debt collection, including deadlines, fees, forms, Nebraska state laws and more.
Respond to a Summons in Nebraska.
Sued for debt in Nebraksa? Draft and file an Answer into your case before the 30-day deadline.
Nebraska Deadline for Answering a Debt Collection Summons
Under Nebraska debt collection laws, after you receive a Summons and Complaint, you have 30 days to file an Answer.
An Answer is simply a statement of whether or not you agree that you owe the creditor the money. Regardless of whether you think you owe the debt or not, if you are served with a Summons, it's crucial to respond. If you fail to submit an Answer within 30 days, a Default Judgment can be entered against you. This means the creditor automatically wins the case, and you have to pay the debt amount that appears on the Summons and Complaint.
Even though you have a month to get this done, it's a good idea to start early, as there are several steps you need to take in order to submit a successful Answer.
Nebraska Answer to Summons Forms
There are a couple of approaches you can take to creating an Answer.
The first option is to use SoloSuit's Answer form to respond. We'll help you create your Answer, have an attorney review it, and make sure it gets to the court and the Plaintiff on time.
This will be easier than doing it on your own or using Nebraska's Answer and General Denial Form. (Note that you only want to use this Nebraska Answer form if you plan to deny all of the allegations listed on your Summons and Complaint. If you disagree with any of the allegations, you will want to undergo a more intensive process — see below!)
If you'd rather go it alone, we'll tell you how to create your own Answer below.
Answer Filing Fees for Nebraska
There is no fee to file an Answer in Nebraska.
Steps to Respond to a Debt Collection Case in Nebraska
When you owe a creditor money and they file a debt collection lawsuit in Nebraska, you will be served with a Summons and Complaint that states the allegations against you. Under Nebraska Revised Statute 25-505.01, you can legally be served by mail or in person.
When you receive a Summons and Complaint, don't blow it off: respond within 30 days, or you could face a Default Judgment and immediately lose your case, which means you'll have to pay.
To submit an Answer to a Summons and Complaint on your own, you'll want to start by setting up a properly formatted document. Your document should be typed and look professional, since you'll submit it to the court where a judge will review it.
For starters, your Answer document needs to be in the right format, known in legal terms as “styling.” Essentially, to meet the formatting guidelines you need to put several key pieces of information at the top of your document.
This should include:
Your first and last name
Your address (make sure it's correct)
The name of the creditor's attorney
The creditor's name
Court information (specify whether it is a state or a city court)
Court address
Case information (index number, case number, debt amount on the Complaint)
Double-check to make sure you have included all of this information and that it is correct. When you're done, it's time to start writing your Answer.
But what should you include in your Answer docuent? Follow these three steps when drafting your Answer to a debt lawsuit in Nebraska:
Respond to each allegation included in the Complaint
Put forth affirmative defenses
File a copy of your Answer with the court and serve the Plaintiff
Below, we'll break down each of these steps in detail. Don't like reading? Watch this video instead to learn how to respond to a debt lawsuit in Nebraska:
1. Answer each issue of the Complaint
On your Complaint, you'll see a list of paragraphs with numbers. Each paragraph explains a different allegation against you. What you need to do here is respond to each allegation. You can do this in one of three ways:
State that the allegation is true
Deny the allegation
State that you have insufficient knowledge or information to know whether the allegation is true or untrue
You always want to be truthful about whether an allegation is true or not. For most of the allegations, the answer will be clear. But there will likely be some allegations you feel uncertain or confused about. If you're uncertain, you can either deny the allegation or state that you don't have sufficient knowledge or information to know if it is true. Regardless of how you respond, the allegations will have to be proven in court.
2. Assert affirmative defenses
The next step in creating your Answer is to assert affirmative defenses, or reasons why the plaintiff does not have a case. Below are some of the most common and effective affirmative defenses.
The account doesn't belong to you. Whether there is an incorrect account number listed on the Complaint, someone has stolen your identity and created the account, or the account belongs to someone with a similar name to yours, stating that the account isn't yours (as long as that is true) is a powerful affirmative defense. Ideally, you will want to submit any proof you have as part of your answer.
You already paid the debt. If you paid all or some of the debt or negotiated a lower payment amount with the creditor and they are still asking you to pay the full amount, use this affirmative defense. If you have proof that you already paid, include it when you submit your Answer.
The statute of limitations has ended. In Nebraska, the statute of limitations on a debt is four years from your last payment. If four years have expired, you are no longer legally responsible for the debt.
The amount on the Complaint is incorrect. If there is an error in the original amount listed, or in the interest, late fees, or penalties you can use this affirmative defense. Even if you don't get out of the debt entirely, you could get the amount you owe reduced to a fair level.
The debt was discharged when you filed for bankruptcy. While stating that you cannot pay a debt is not an allowable affirmative defense, if your debt was discharged by the creditor during a bankruptcy case, you are no longer legally required to pay it.
It is uncertain whether the plaintiff holds the debt. In most cases, the party that is suing you is not the original holder of the debt, since creditors often sell uncollected debt to collections agencies. With this affirmative defense, you require the original holder of the debt to prove through evidence that they purchased your debt and now legally hold it.
It's important to bring up your affirmative defenses in your Answer document, because you might not get the chance to do so if the case moves forward.
3. File the Answer with the court and serve the plaintiff
The last step in responding to a Summons and Complaint is properly filing your Answer. But you'd be surprised how often people fail to do this correctly, only to find out that their Answer never arrived and a default judgment has been entered against them.
If you want to be certain that your Answer arrives, SoloSuit can file it for you and ensure that it gets to the right place. Otherwise, you should start by making a copy of your Answer and copies of any documentation you will submit. You will keep all of this for your records.
In addition, you will need to:
Make two copies of your Answer (including any evidence you have)
Before you drop the copies in the mail, make sure you have the court address correct. Sometimes the address does not appear on the Summons or the mailing address for the court is different from the courthouse address.
It's also a good idea to mail both copies using Certified Mail so you have proof that the documents arrived. Once you've mailed everything, put your own copy of the Answer, with any other documentation you submitted, in a safe place.
Statute of Limitations on Debt in Nebraska
In general, the statute of limitations on debt collection in Nebraska is five years from the date you submitted your last payment. If the statute of limitations has expired, you are no longer legally responsible for the debt.
However, keep in mind that if the Nebraska debt collection statute of limitations has expired, you must use this as an affirmative defense in your Answer. If you don't, you can still be sued. And believe us, creditors will keep trying, so be on guard!
The table below further outlines the statute of limitations on different types of debt in Nebraska:
All states have government-funded organizations that will provide free legal services to those who need them. Here is Nebraska's organization: Legal Aid of Nebraska
There are branches in Omaha, Lincoln, Norfolk, Grand Island, Bancroft, Lexington, North Platte, and Scottsbluff.
To further explore your rights in Nebraska as you navigate the process of responding to a debt lawsuit, check out this Collections Handbook from Nebraska Legal Aid.
Find debt relief in Nebraska
Beyond legal aid organizations, Nebraska also provides state programs to help its residents who are dealing with financial burden.
Dealing with debt can be disheartening. And given the fact that inflation seems never-ending and the cost of living is rising constantly, it’s understandable to feel like you’ll never get out of debt at all.
Fortunately, that’s not true — Nebraska offers many options to help you find relief from debt. While there’s no solution that will simply wipe out all the debt you have in an instant, there are several effective options to consider to help you find debt relief in Nebraska. You might find that one of these methods — or more than one — helps you find new financial footing.
Apply for financial assistance programs
Nebraska offers many financial assistance programs that can help you overcome debt. Most are geared toward those with low incomes, although each one has its own eligibility criteria:
Emergency Assistance Program: Helps families dealing with problems impacting the health or well-being of children.
These programs don’t directly pay down your debt. However, when you have funding to help you cover your essential costs, you’ll have more money to pay toward debt — and the faster you pay off debt, the less you ultimately pay in interest.
Consider debt settlement
Settling debt may have a negative impact on your credit score, but if it lets you get rid of debt faster, it might be the best choice for your credit health in the long term. When you settle debt, you offer to pay a lump sum that’s a bit less than you owe.
If the creditor or debt collector agrees, you pay the sum, and the debt is gone. For example, if you owe a creditor $25,000, they might agree to settle for $20,000.
A consolidation loan lets you combine many monthly payments into one while paying less in interest. That can save you a substantial amount over time. However, if you want to do this, keep in mind that you will typically need at least fair credit to get a loan. Always check the interest rate before accepting an offer. If you consolidate your debt into a higher-interest loan, you could actually end up losing money!
Consider home equity options
If you own your home, you might be able to use it to pay off existing debt. Home equity loans and home equity lines of credit (HELOCs) let you borrow money based on the equity you have in your home.
Both will usually have low interest rates, but that’s because they’re secured. If you can’t repay them on time, the lender can repossess and sell your home.
Check the status of your Nebraska court case
If you’ve been sued for a debt, it’s easy to get overwhelmed by paperwork, deadlines, and legal terminology. However, once you’re involved in a legal case, one of the most important things to do is to track it.
Why is tracking your case essential?
If you miss a hearing or don’t respond to a notice in time, you’ll likely have a default judgment issued. This means that the creditor or debt collector wins by default — and that you’re now legally obligated to pay.
A judgment is more than the court just telling you you have to pay, however. Once there’s a judgment against you, the debt can be taken from your bank account or garnished from your wages. In some cases, your assets may be able to be seized and sold.
Use your case number
Keeping track of your case is critical if you want to avoid these issues, but if you want to track it, you need your case number. If you misplace it or forget it, Nebraska fortunately makes it relatively easy to find it, as we explain in this guide on how to check your court case status in Nebraska.
Once you know your case number, you can search for your case online using the state’s JUSTICE one-time court case search. However, it costs $15 per search, even if you don’t find your case.
Use the online court directory
If you’d prefer, you can also look up which state court has jurisdiction over your case using Nebraska’s online court directory. Once you have the court’s contact information, you can call or visit the clerk in person to get a copy of your case’s records and check on its status if needed.
Settle debt in Nebraska
Technically, you can reach out to a creditor or debt collector and offer to settle a debt at any time. However, most people just start thinking about settling once they’ve been sued.
In many cases, settling after getting sued for a debt is the most sensible course of action for both you and the creditor or debt collector.
Know when to settle your debt
Collectors and creditors only sue for a debt as a last resort. Lawsuits tend to be long and expensive, so if you offer to pay a reasonable portion of the debt in return for having the suit dropped, the collector or creditor is more than likely to take it. And if you settle before the court issues a judgment against you, you’ll end up paying less while also avoiding all the stresses that come with a judgment.
Perhaps the only instance where it makes sense to see a debt lawsuit through to the end is if you’re confident you don’t owe the money. For example, if you’ve been sued for a debt that showed up on your credit because your identity was stolen, you wouldn’t want to offer to pay it. You would, however, want to make sure you present ample evidence to prove that the debt isn’t yours.
Regardless of whether you plan to settle or to see the lawsuit through, there’s one absolutely critical thing to do: as soon as you receive notice of a lawsuit, respond to it! This prevents a default judgment, which keeps the case open so that you have time to send a settlement offer.
You can settle a debt at any point in a lawsuit, up until the court issues a final judgment. It’s usually best to offer to pay 60% of the total amount you owe. If your offer is too low, most creditors and collectors won’t even consider it.
Negotiate effectively
Many collectors and creditors are willing to settle, but that doesn’t mean they’re willing to accept your first offer. Usually, there will be at least a few rounds of negotiations. If your financial situation makes it harder for a judgment to be collected, you should also explain that in negotiations.
For example, if you have a very low income, income from disability or Social Security, or have wage garnishments in place already, the creditor likely won’t be able to get their money through a judgment. Settling is better than getting nothing, so they just might accept.
Getting hounded by debt collectors — especially when you’re already dealing with a stressful financial situation — can be unbearable. The sad truth is that many consumers don’t know their rights and may feel pressured to pay balances they truly don’t have to pay.
If you’re dealing with Nebraska debt collectors, it’s a good idea to have a general sense of the Nebraska debt collection laws that protect you from harassment and dishonesty when it comes to debt collection practices.
Notably, while the FDCPA applies to debt collectors, Nebraska law imposes similar restrictions on the behavior of lenders in general. Under this law, debt collectors may not:
Threaten to do things they legally cannot, like arrest you for non-payment.
Lie about how much you owe.
Try to deceive you with false “official” documents.
Report inaccurate information to credit agencies.
Threaten violence.
Use offensive language.
Pretend to be an attorney.
Unlike many states, Nebraska also protects consumers by limiting the interest rates on consumer loans, as interest may not exceed 16%.
Understand the statute of limitations
Any time you’re dealing with debt collectors or creditors, it helps to know the statute of limitations on debt. In Nebraska, the statute of limitations on most debts — and even debt judgments — is five years from the last payment.
You should always be wary if a collector tries to push you to make a “good faith” payment on a debt you haven’t paid in years. Sometimes, they will do this if the statute of limitations is almost up so that they can have more time to file a lawsuit against you.
Before agreeing to make any payment on a delinquent account, always look closely to see how long ago you made your last payment.
Key Takeaways
Way to go— now you know how to file your Answer to a Summons and Complaint in Nebraska!
As a quick refresher, here's what you learned:
You have 30 days to file your answer. To submit an Answer successfully, make sure to:
Create a properly formatted Answer document
Write a response to each allegation in the Complaint
Add affirmative defenses to bolster your case
Serve your answer to opposing counsel and mail a copy to the court
The statute of limitations on debt is generally five years in Nebraska, except for mortgage debt. This means that you creditors and debt collectors only have five years from your last missed payment to sue you over a debt.
Finished reading the guide and still need help? SoloSuit is here for you. We'll help you get your Answer completed in just 15 minutes, then we'll have an attorney review it and file it for you.
SoloSuit's Answer service is a step-by-step web-app that asks you all the necessary questions to complete your Answer. Upon completion, an attorney can even review your document before we file it for you.
Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.
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Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.
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Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.
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Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.
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We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.
You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.
And 50% of our customers' cases have been dismissed in the past.
"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather