The total cost of an eviction in Nebraska for all filing, court, and service fees varies heavily on the service fees. For cases filed in District Court,[ttip number=’1′ icon=’popover-balance’] the average cost is $128. For cases filed in County Court,[ttip number=’1′ icon=’popover-balance’] the average cost is $91.
| Fee | District | County |
| Initial Court Filing | $86 | $49 |
| Summons Service | ~$12+ | ~$12+ |
| Writ of Restitution Service | $12+ | $12+ |
| Writ of Restitution Execution | $18 | $18 |
| Notice of Appeal Filing (Optional) | $75 | $100 |
These filing, court, and service fees do not include outside costs such as legal fees or post-eviction fees (i.e., locksmith fees, storage costs for a tenant’s abandoned property, cleaning service fees, repair costs, or advertising costs for a vacant dwelling unit).
1. Initial Court Filing Fee
In Nebraska, if the eviction notice expires and the tenant remains on the property without correcting the issue, the landlord may file an eviction lawsuit (“Action for Possession”) with the court the following business day.
The initial filing fee in District Court is $86 and in County Court, the filing fee is $49.
2. Summons Service Fee
Once a Complaint is filed in Nebraska, the court will issue a Summons. The Summons is the tenant’s official notice of an eviction lawsuit and contains important information (i.e., when and where to appear in court). The landlord must arrange for a process server to deliver the Summons to the tenant.
The Summons service fee varies by process server. For example, a sheriff may charge $12 (plus $3 for each additional tenant) [ttip number=’2′ icon=’popover-balance’]for serving a Summons; however, an authorized person by law may charge more.
3. Writ of Restitution Service Fee
If the court rules in favor of the landlord in Nebraska, the court shall issue a Writ of Restitution. The writ is the tenant’s final notice to vacate the premises.
A sheriff or constable must serve the Writ of Restitution to the tenant, they may charge a $12 (plus $3 for each additional tenant)[ttip number=’3′ icon=’popover-balance’]service fee.
4. Writ of Restitution Execution Fee
In Nebraska, if a tenant remains at the premises after the writ expires, a sheriff or constable may execute the writ by removing the tenant from the premises.
The sheriff or constable can charge $18 [ttip number=’4′ icon=’popover-balance’]to enforce the writ.
5. Notice of Appeal Filing Fee
If either party chooses to file an Appeal, they may do so as long as the Notice of Appeal is filed within 30 calendar days of the judgment.
If the original case was filed in County Court, the filing fee is $100. [ttip number=’5′ icon=’popover-balance’]If the original case was filed in District Court, the filing fee is $75. [ttip number=’6′ icon=’popover-balance’]
Sources
- 1 NE Rev Stat 76-1441 (2021)
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Complaint for restitution; filing; contents.
(1) The person seeking possession shall file a complaint for restitution with the clerk of the district or county court… - 2 NE Rev Stat 33-117 (2021)
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(1) The several sheriffs shall charge and collect fees at the rates specified in this section… of this subsection, serving a summons…including any accompanying or attached documents, twelve dollars for each person served, except that when more than one person is served at the same time and location in the same case, the service fee shall be twelve dollars for the first person served at that time and location and three dollars for each other person served at that time and location…
- 3 NE Rev Stat 33-117 (2021)
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(1) The several sheriffs shall charge and collect fees at the rates specified in this section… of this subsection, serving a…writ or document, or any combination thereof, including any accompanying or attached documents, twelve dollars for each person served, except that when more than one person is served at the same time and location in the same case, the service fee shall be twelve dollars for the first person served at that time and location and three dollars for each other person served at that time and location…
- 4 NE Rev Stat 33-117 (2021)
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(n) executing a writ of restitution or a writ of assistance and return, eighteen dollars;
- 5 NE Rev Stat §33-103 (2021)
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At the time of filing an appeal, original action, or other proceeding in the Court of Appeals or Supreme Court there shall be paid to the clerk the sum of one hundred dollars as a docket fee. Fifty dollars of such fee shall be remitted to the State Treasurer for credit to the Nebraska Retirement Fund for Judges.
- 6 NE Rev Stat §25-1914 (2021)
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On appeal in any case taken from the district court to the Court of Appeals or Supreme Court, other than an appeal pursuant to section 71-6904, the appellant or appellants shall, within thirty days after the entry of the judgment, decree, or final order sought to be reversed, vacated, or modified or within thirty days after the entry of the order overruling a motion for a new trial in such cause, (1) file in the district court a bond or undertaking in the sum of seventy-five dollars