Statute of Limitations on Debt Collection in Nebraska

Chloe Meltzer

May 07, 2021

Let debt collectors know they're out of time.

Summary: Is a debt collector trying to sue you for an old debt in Nebraska? Fight back using the statute of limitations for Nebraska. You can win your case in court by letting the creditor or debt collector know they're too late.

If you are being sued for debt then there are a few different affirmative defenses that you can look into. One of these defenses is to bring forth the statute of limitations. The statute of limitations is a specific period of time that you may be sued for consumer debt.

Consumers facing a lawsuit against them can use the statute of limitations as a means for avoiding being sued during an attempt to collect debts. The amount of time for the statute of limitations varies in each state but typically ranges anywhere from four to six years.

Are you being sued by a debt collector? Respond with SoloSuit.

The Statute of Limitations in Nebraska

Nebraska Statute of Limitations
on Debt

Debt Type

Deadline in Years

Real Estate








Consumer Debt




Source: Findlaw

In Nebraska, the statute of limitations for real estate or foreclosure mortgage debt is as long as 10 years. When it comes to foreign judgments, contract or promise, in writing, express or implied is 5 years. When it comes to unwritten contracts, express or implied, the statute of limitations is 4 years.

When it comes to consumer debt in the state of Nebraska, the statute of limitations 5 years from the last payment made. This means that a creditor or debt collector may not sue you for debt after five years have passed. If the agreement was verbal, then that number is reduced to 4 years in the state of Nebraska.

Why You Shouldn't Make Payments on an Old Debt

Once you make a voluntary payment on a lapsed debt, it resets the Nebraska statute of limitations. This means that even if a debt has not passed the statute of limitations and you make a payment on it, it will start the time period over again. At this point, the five years of the statute of limitations will restart. This allows the debt collector to bring you to court and sue you for your debt.

There are debt collectors known as “debt scavengers” who specifically search through old debts to collect on. This is why it is essential to know what debts you owe, the last time you paid those debts, and the potential consequences that come with paying (or not paying) on a debt.

Although the Nebraska statute of limitations on debt prohibits a creditor or debt collector from suing you for debt, they can still collect on it. This means that although you will not be brought to court, they may continue to contact you.

One common occurrence in the debt collection industry is to buy debt that has fallen outside the statute of limitations. Typically these debts are purchased at a tremendous discount. Then these collectors attempt to harass or trick consumers into paying off these debts. Although you cannot be brought to court for the debt, most consumers do not know the legalities of the situation.

Creditors that purchase these types of debts always lack basic documentation that can prove you owe the debt. This is another reason why they cannot take you to court, but they may continue to pursue you to collect your debt.

Make the right defense the right way with SoloSuit.

Common Debt Collection Tactics for Expired Debts

To get people to pay on the debt that has passed the statute of limitations, debt collectors will use many tactics. The same tactics are used to collect on debts that do not belong to you, or that have already been discharged in bankruptcy. All of these tactics are used in an attempt to revive the debt and reset the statute of limitations.

Common debt collection tactics include:

  • Pushing you to pay a small amount on the debt in exchange for “leaving you alone”
  • Promising they will not report the debt to the credit bureau in exchange for a small payment
  • Threatening to sue you or serving you with a lawsuit (both are illegal on a time-barred debt)
  • Re-aging debt on your credit report
  • Verbal abuse
  • Consistent harassment
  • Misrepresenting themselves as a “litigation” firm

If you deal with debt collectors that use the above tactics, your best choice would be to ignore them. You can check your credit report to see if the debt has been reported, but if they continue to pursue you, you might be able to sue them under the FDCPA.

Don't let debt collectors push you around. Respond with SoloSuit.

What to Do If You Are Sued for Expired Debt

The Nebraska statute of limitations on debt prohibits creditors and debt collectors from suing you after five years. Despite this, debt collectors may attempt to sue you anyway. This is done in hopes that having a lawsuit against you will push you to pay off your debt. What is good for you, is that you can fight this.

Respond in Writing

When you first receive a summons in the mail your initial reaction may be to avoid it. This is the wrong choice. It is essential to file a written response when it comes to being sued for the expired debt. This written response should be filed with the Nebraska court clerk, stating that the debt the creditor is trying to collect on an expired debt. You will simply explain that the debt has fallen outside the Nebraska statute of limitations and that you are using this as a defense to the lawsuit.

Request Documentation

After filing an official Answer, your next step is to demand an account history for the debt. Any creditor or debt collector is required by law to produce documentation confirming your debt. This must be the original creditor agreement. If the debt is older than five years, they must also show proof that you have made some type of payment on that debt within that time.

The documentation must show:

  • The date the payment was made
  • How much the payment was for
  • How the payment was made, whether that was a bank transfer, check, or cash

If this information cannot be produced, then any judge should reject the lawsuit.

File a Countersuit

The Fair Debt Collection Practices Act prohibits creditors from suing you after your debt has passed the statute of limitations. When a debt collector files a lawsuit against you for an expired debt it breaks the law. This allows you to counter sue for up to $1000 in punitive damages, as well as compensation for any attorney's fees.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to Answer a Summons for Debt Collection Guides for Other States

Here's a list of guides for other states.

All 50 states.

Guides on How to Beat Every Debt Collector

Being sued by a different debt collector? We're making guides on how to beat each one.

Win Against Credit Card Companies

Is your credit card company suing you? Learn how you can beat each one.

Going to Court for Credit Card Debt — Key Tips

How to Negotiate Credit Card Debts

How to Settle a Credit Card Debt Lawsuit — Ultimate Guide

Get Answers to These FAQs

Need more info on statutes of limitations? Read our 50-state guide.

Why do debt collectors block their phone numbers?

How long do debt collectors take to respond to debt validation letters?

What are the biggest debt collector companies in the US?

Is Zombie Debt Still a Problem in 2019?

SoloSuit FAQ

If a car is repossessed, do I still owe the debt?

Is Portfolio Recovery Associates Legit?

Is There a Judgment Against Me Without my Knowledge?

Should I File Bankruptcy Before or After a Judgment?

What is a default judgment?— What do I do?

Summoned to Court for Medical Bills — What Do I Do?

What Happens If Someone Sues You and You Have No Money?

What Happens If You Never Answer Debt Collectors?

What Happens When a Debt Is Sold to a Collection Agency

What is a Stipulated Judgment?

What is the Deadline for a Defendant's Answer to Avoid a Default Judgment?

Can a Judgement Creditor Take my Car?

Can I Settle a Debt After Being Served?

Can I Stop Wage Garnishment?

Can You Appeal a Default Judgement?

Do I Need a Debt Collection Defense Attorney?

Do I Need a Payday Loans Lawyer?

Do student loans go away after 7 years? — Student Loan Debt Guide

Am I Responsible for My Spouse's Medical Debt?

Should I Marry Someone With Debt?

Can a Debt Collector Leave a Voicemail?

How Does Debt Assignment Work?

What Happens If a Defendant Does Not Pay a Judgment?

How Does Debt Assignment Work?

Can You Serve Someone with a Collections Lawsuit at Their Work?

What Is a Warrant in Debt?

How Many Times Can a Judgment be Renewed in Oklahoma?

Can an Eviction Be Reversed?

Does Debt Consolidation Have Risks?

What Happens If You Avoid Getting Served Court Papers?

Does Student Debt Die With You?

Can Debt Collectors Call You at Work in Texas?

How Much Do You Have to Be in Debt to File for Chapter 7?

What Is the Statute of Limitations on Debt in Washington?

How Long Does a Judgment Last?

Can Private Disability Payments Be Garnished?

Can Debt Collectors Call From Local Numbers?

Does the Fair Credit Reporting Act Work in Florida?

The Truth: Should You Never Pay a Debt Collection Agency?

Should You Communicate with a Debt Collector in Writing or by Telephone?

Learn More With These Additional Resources:

Need help managing your finances? Check out these resources.

How to Make a Debt Validation Letter - The Ultimate Guide

How to Make a Motion to Compel Arbitration Without an Attorney

How to Stop Wage Garnishment — Everything You Need to Know

How to File an FDCPA Complaint Against Your Debt Collector (Ultimate Guide)

Defending Yourself in Court Against a Debt Collector

Tips on you can to file an FDCPA lawsuit against a debt collection agency

Advice on how to answer a summons for debt collection.

Effective strategies for how to get back on track after a debt lawsuit

New Hampshire Statute of Limitations on Debt

Sample Cease and Desist Letter Against Debt Collectors

The Ultimate Guide to Responding to a Debt Collection Lawsuit in Utah

West Virginia Statute of Limitations on Debt

What debt collectors cannot do — FDCPA explained

Defending Yourself in Court Against Debt Collector

How to Liquidate Debt

Arkansas Statute of Limitations on Debt

You're Drowning in Debt — Here's How to Swim

Help! I'm Being Sued by My Debt Collector

How to Make a Motion to Vacate Judgment

How to Answer Summons for Debt Collection in Vermont

North Dakota Statute of Limitations on Debt

ClearPoint Debt Management Review

Indiana Statute of Limitations on Debt

Oregon Eviction Laws - What They Say

CuraDebt Debt Settlement Review

How to Write a Re-Aging Debt Letter

How to Appear in Court by Phone

How to Use the Doctrine of Unclean Hands

Debt Consolidation in Eugene, Oregon

Summoned to Court for Medical Bills? What to Do Next

How to Make a Debt Settlement Agreement

Received a 3-Day Eviction Notice? Here's What to Do

How to Answer a Lawsuit for Debt Collection

Tips for Leaving the Country With Unpaid Credit Card Debt

Kansas Statute of Limitations on Debt Collection

How to File in Small Claims Court in Iowa