Receiving a Summons for debt collection is unsettling. It feels like a punch to the gut. You are not alone, and you still have time to protect yourself. A creditor has sued you, but you can choose to fight back.
The best way to handle a debt lawsuit in Nebraska is to respond quickly and correctly. You have just 30 days to file a formal Answer with the court. Missing this deadline means the creditor wins automatically—a loss known as a Default Judgment.
We built DebtAegis to give you the self-help tools you need to beat back collection claims. Our Document Preparation service helps you create and file a court-ready Answer in minutes. You can handle this.
1. The Critical Deadline: 30 Days
Nebraska state law gives you a strict deadline: you have 30 calendar days from the date you were served the Summons and Complaint to file your Answer.
Do not wait. If your Answer document does not arrive at the court before the deadline passes, the judge will likely issue a Default Judgment against you. This is how the debt collector wins without even fighting you in court. When they win by default, they get the power to use tools like wage garnishment or bank levies against you.
Take action today. Protect your assets by meeting this deadline.
2. How to File an Answer in Nebraska
Filing an Answer is how you tell the court, “I am defending myself and challenging this claim.” This process can seem complex, but it boils down to three core steps:
- Format your Answer document correctly.
- Respond to the Complaint’s claims and list your defenses.
- File the document with the court and serve a copy to the Plaintiff’s attorney.
Step 2A: Prepare the Document and Court Info
Your Answer must look professional. This is a court document, not a casual letter. You must include specific identifying information—this is known as “styling” the document. The top of your Answer should include:
- Your full name and address.
- The creditor’s name (the Plaintiff).
- The name and address of the Plaintiff’s attorney.
- The court’s full name and address (County Court, District Court, etc.).
- Your case number (or index number) and the total debt amount listed on the Complaint.
Good news: There is no fee required to file a standard Answer document in a Nebraska debt collection case. You must, however, pay close attention to procedural compliance to avoid a rejection.
Step 2B: Respond to Each Claim and Assert Defenses
The Complaint lists the creditor’s claims against you in numbered paragraphs. You must address every single one in your Answer. You have three simple options for each numbered statement:
- Admit: You agree the statement is true.
- Deny: You state the allegation is false, forcing the creditor to prove it.
- Deny for Lack of Knowledge: You do not have enough information to form a belief about the truth of the statement. This is a powerful and common tactic for self-represented defendants.
After responding to the claims, you must assert your Affirmative Defenses. These are legal reasons why the creditor should lose the case, even if some of their claims are true. Here are the most common defenses in Nebraska:
- The Statute of Limitations Has Expired: This is a core defense. For most written contracts in Nebraska (like credit card debt), the creditor has five years from the last payment to sue you. If the last payment was more than five years ago, the debt is “time-barred.” The creditor cannot win.
- Lack of Standing: The Plaintiff suing you is a debt buyer, not the original creditor. You demand they prove they legally own the debt and have the right to sue you.
- Improper Service: You were not served with the Summons and Complaint in the correct legal way.
- Incorrect Amount: The debt amount is wrong due to miscalculated interest or fees.
- Identity Theft or Mistake: The debt is simply not yours.
Step 2C: File with the Court and Serve the Plaintiff
The final step is proving you acted before the deadline. You must send your signed Answer document to two different places:
- The Court Clerk’s office (file the original).
- The Plaintiff’s attorney (serve a copy).
Always make at least two copies: one to file, one to serve, and one to keep for your own records. Use Certified Mail, Return Receipt Requested, for both the court filing and the service to the attorney. The green card you get back proves they received it, protecting you against claims that you failed to respond.
3. Nebraska Statute of Limitations on Debt
This law sets the maximum time a creditor has to sue you over a debt. If the deadline passes, you are legally protected, but you must still raise this defense in your Answer.
The clock usually starts ticking from the date of your last payment or activity on the account.
| Type of Debt | Nebraska Deadline |
|---|---|
| Written Contracts (Credit Card, Auto Loan, Personal Loan) | 5 years |
| Oral Contracts | 4 years |
| Judgment | 5 years |
| Mortgage | 10 years |
Always check your case details. If your debt is nearing or past its limit, citing the Statute of Limitations can stop the lawsuit cold.
4. Your Next Move
Debt collection lawsuits rely on people getting overwhelmed and doing nothing. Do not let fear lead to a Default Judgment. You now know the key steps: meet the 30-day deadline, respond to every claim, and use your Affirmative Defenses.
DebtAegis simplifies this entire process, helping you draft a professional document with the correct defenses and providing clear instructions for filing it yourself. We give you the shield to face your debt fight.