Legal Question in Credit and Debt Law in Nebraska

Small Claims

I filed a claim in Small Claims Court this past August, however do not have an updated address for the defendent. I am trying to get my previous roommate to pay me back the deposit I lost with our past apartment due to pet damage - her pet! I tried sending a certified letter to her parents home and nobody accepted, then filed a claim in the county I believed she was living in, but they were unable to locate her there. How long do I have to locate her before my claim is no longer valid? And what if that time expires, can I file another claim??


Asked on 2/26/08, 1:25 pm

1 Answer from Attorneys
Katherine Owen

Re: Small Claims

The case progression standards for County Court (including small claims court) is 6 months. Meaning, the court clerk will send you a notice if there hasn't been any activity in the case in the six months after filing, and warning you that it will be dismissed if you don't get the defendant served. If your case gets dismissed for failure to serve the defendant, it should be dismissed without prejudice (allowing you to file again, as long as there are no other time bars to your claim.)

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Answered on 2/26/08, 1:33 pm


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