Introduction: You Have Rights When You Are Sued in Nebraska

Being served with a lawsuit — especially a debt collection lawsuit in Nebraska — can be frightening and overwhelming. Many defendants make the single most costly mistake available to them: they do nothing. When a defendant fails to respond to a summons, the court enters a default judgment, which gives the debt collector the power to garnish wages, freeze bank accounts, and seize property — all without a trial.

But here’s what many Nebraskans do not know: you have legal rights and defenses. Even if you owe some or all of the debt, you may be able to raise powerful affirmative defenses that can result in the case being dismissed, the amount reduced, or a negotiated settlement on favorable terms.

This article explains what affirmative defenses are, which defenses are most commonly available to defendants in Nebraska civil and debt collection lawsuits, and how a self-represented (pro se) defendant can use them effectively.

 

What Is an Affirmative Defense?

In Nebraska civil litigation, an affirmative defense is a legal argument that, even if the plaintiff’s allegations are true, provides a legal reason why the plaintiff cannot win. Unlike a simple denial (“I didn’t do it”), an affirmative defense says “even if I did, you still can’t recover because…”

Under Neb. Ct. R. Pldg. § 6-1108 (amended January 1, 2025), Nebraska requires that affirmative defenses be affirmatively stated in the defendant’s response to the complaint. This is a critical rule: if you do not plead an affirmative defense in your written Answer, you generally lose the right to raise it later. The list of recognized affirmative defenses under that rule includes, but is not limited to:

  • Accord and satisfaction
  • Arbitration and award
  • Assumption of risk
  • Claim or issue preclusion (res judicata)
  • Contributory negligence / comparative fault
  • Duress
  • Estoppel
  • Failure of consideration
  • Fraud
  • Illegality
  • Laches
  • License
  • Payment
  • Release
  • Statute of frauds
  • Statute of limitations
  • Waiver

In debt collection lawsuits specifically, the most powerful and commonly applicable affirmative defenses are discussed in detail below.

 

Top Affirmative Defenses in Nebraska Debt Collection Lawsuits

1. Statute of Limitations — The Most Powerful Defense

The statute of limitations is often the strongest affirmative defense available in a Nebraska debt collection lawsuit. It is a legal deadline by which a creditor must file suit. If that deadline has passed, the court must dismiss the case — but only if you raise it. The court will not dismiss the case on its own.

Nebraska Statutes of Limitations on Debt

 

PAYMENTS RESET THE CLOCK: The statute of limitations clock generally begins on the date of your last payment or the date you defaulted on the account. Making even a small voluntary payment on an expired (time-barred) debt can restart the clock and revive the creditor’s ability to sue. Be cautious.

If a debt collector sues you after the limitations period has expired, they may be violating the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq. This may entitle you to counter-sue for up to $1,000 in statutory damages plus attorney’s fees. See the FDCPA section below.

2. Lack of Standing / Failure to Establish Ownership of the Debt

In the modern debt collection industry, original debts are frequently sold, resold, and bundled among multiple buyers. A debt buyer suing you must prove that it legally owns your specific debt at the time it files the lawsuit. This is called standing to sue.

If the plaintiff cannot produce a complete and unbroken chain of assignment documents showing that it purchased your account from the original creditor (or from a prior buyer), it lacks standing. Courts have dismissed debt collection cases for this failure.

In your Answer, you may assert:

  • Plaintiff lacks standing to bring this action.
  • Plaintiff has failed to establish that it is the real party in interest.
  • Plaintiff cannot establish an unbroken chain of assignment for this account.

Demand that the plaintiff produce the original signed credit agreement, all assignment documents, and account statements showing the history of the debt.

3. Payment — The Debt Has Already Been Paid

If you have already paid the debt in full or in part — or if you negotiated and paid a reduced settlement (“accord and satisfaction”) — you have an affirmative defense. Gather all documentary evidence: bank statements, cancelled checks, settlement letters, receipts, or email confirmations.

Even partial payment may be relevant if the creditor is claiming you owe more than the correct amount. If the claimed balance includes improper interest, unauthorized fees, or duplicate charges, raise that as a defense.

4. Incorrect or Inflated Amount Claimed

Debt collectors and debt buyers sometimes sue for amounts that are incorrectly calculated. Common errors include:

  • Unauthorized interest or fees not permitted by the original contract or Nebraska law
  • Duplicate charges
  • Failure to credit payments already made
  • Post-charge-off interest that the debt buyer has no right to collect

Under the FDCPA (15 U.S.C. § 1692f), a debt collector may not collect any amount not “expressly authorized by the agreement creating the debt or permitted by law.”

5. Mistaken Identity — You Are Not the Correct Defendant

Debt buyers often work with incomplete or corrupted data. If you are being sued for a debt that belongs to someone else — perhaps a family member with a similar name, a victim of identity theft, or simply a data error — assert this as a defense. You are not the obligor on this account.

If you were a victim of identity theft, report it to the Federal Trade Commission (FTC) IdentityTheft.gov and document your report. A police report and FTC Identity Theft Report are powerful supporting evidence.

6. Bankruptcy Discharge

If the debt was discharged in a prior bankruptcy proceeding, the creditor is legally prohibited from attempting to collect it. Under federal bankruptcy law, a discharge order operates as a permanent injunction against collection of discharged debts (11 U.S.C. § 524). Creditors who violate the discharge injunction can be held in contempt of the bankruptcy court.

Note: Under Neb. Ct. R. Pldg. § 6-1108, Nebraska courts have recognized (consistent with the 2010 federal rule amendment) that bankruptcy discharge is more accurately described as a federal law injunction than a true affirmative defense. Regardless, you must still notify the Nebraska court of your prior discharge, provide documentation, and request that the proceedings be stayed or dismissed.

7. Fraud, Misrepresentation, or Unconscionability

If the underlying contract was procured by fraud, misrepresentation, or contained unconscionable terms, these may be raised as defenses under Nebraska common law and under Neb. Rev. Stat. § 2-302 (the Uniform Commercial Code unconscionability provision).

8. Failure of Consideration

A valid contract requires consideration — something of value exchanged by both parties. If the goods or services you agreed to pay for were never provided, were defective, or were not as represented, you may assert failure of consideration as a defense.

9. Laches — Unreasonable Delay

Even within the statute of limitations period, the equitable defense of laches may be available if the creditor unreasonably delayed filing the lawsuit and that delay prejudiced you — for example, causing you to lose records or witnesses necessary for your defense.

10. FDCPA Violations as a Counterclaim or Defense

The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is a federal law that protects consumers from abusive, deceptive, and unfair debt collection practices. It applies to third-party debt collectors and debt buyers — generally not to original creditors collecting their own debts.

Common FDCPA violations that may give rise to a counterclaim include:

  • Filing or threatening to file a lawsuit on a time-barred debt
  • Misrepresenting the amount owed
  • Using deceptive or misleading representations
  • Filing suit in an improper venue
  • Harassing phone calls (before 8 a.m. or after 9 p.m.)
  • Contacting you after you send a written cease-communication request
  • Failing to provide required debt validation notice within 5 days of initial contact

The FDCPA is a strict liability statute: you do not need to prove actual monetary harm. A successful FDCPA claim can recover:

  • Up to $1,000 in statutory damages per lawsuit
  • Actual damages
  • Attorney’s fees and court costs

See the FTC’s official FDCPA text for the full statute.

Nebraska also requires debt collection agencies to be licensed with the Nebraska Secretary of State. See Neb. Rev. Stat. § 45-601 et seq. (Nebraska Collection Agency Act). An unlicensed collector may lack the legal right to sue at all.

 

How to Respond to a Nebraska Debt Collection Lawsuit: Step-by-Step

Step 1: Do Not Ignore the Summons

You have 30 days from the date of service to file a written Answer with the court. Failure to respond results in an automatic default judgment against you — giving the creditor the right to garnish your wages (up to 25% of disposable income, or 15% if you are the head of a household) and freeze your bank accounts.

Step 2: Read the Complaint Carefully

The complaint will contain numbered paragraphs. Read each one carefully. Your Answer must respond to each numbered paragraph. You can admit, deny, or state that you lack sufficient information to admit or deny. For most allegations in a debt collection case, you will deny them or state you lack sufficient information.

Step 3: Assert Your Affirmative Defenses

After responding to the numbered paragraphs, list your affirmative defenses. Use the language of Nebraska pleading rules. For example:

“AFFIRMATIVE DEFENSE — STATUTE OF LIMITATIONS: Plaintiff’s claim is barred by the applicable statute of limitations under Neb. Rev. Stat. § 25-205. More than five years have elapsed since the date of last payment or default on the alleged account, and Plaintiff’s claim is therefore time-barred.”

Step 4: File Your Answer With the Court Clerk

File your Answer at the county court clerk’s office where the lawsuit was filed. There is no filing fee for an Answer in Nebraska. Keep a copy of everything you file, date-stamped.

Step 5: Demand Documentation From the Plaintiff

Send written discovery requests demanding:

  • The original signed credit agreement
  • Complete account statements showing all charges, payments, and credits
  • The full chain of assignment documents proving plaintiff owns this debt
  • Proof of the date and amount of the last payment made

 

Pro Se Resources: Forms, Legal Aid, and Additional Reading

Official Nebraska Court Forms

Free Legal Aid in Nebraska

Additional Reading and Guides

Key Nebraska Statutes Referenced in This Article

 

Quick Reference: Nebraska Affirmative Defenses Checklist

Use this checklist when preparing your Answer to a debt collection lawsuit:

  1. Statute of Limitations: Was the lawsuit filed more than 5 years (written contract) or 4 years (oral contract) after your last payment or default?
  2. Standing/Ownership: Can the plaintiff prove it legally owns this specific debt with a complete chain of assignment documents?
  3. Payment: Have you already paid this debt in full or in part? Did you settle it for a lower amount?
  4. Incorrect Amount: Is the amount claimed inflated by unauthorized interest, fees, or uncredited payments?
  5. Wrong Defendant: Are you being sued for someone else’s debt? Were you a victim of identity theft?
  6. Bankruptcy Discharge: Was this debt discharged in a prior bankruptcy proceeding?
  7. FDCPA Violations: Has the debt collector engaged in any illegal or deceptive practices? Consider a counterclaim.
  8. Licensing: Is the collection agency licensed in Nebraska under Neb. Rev. Stat. § 45-601 et seq.?

 

Conclusion: Do Not Give Up Your Rights

Receiving a debt collection lawsuit summons is not the end — it is the beginning of your opportunity to assert your legal rights. Thousands of Nebraskans are sued every year by debt collectors, many of whom have procedural and substantive defects in their cases. But those rights are only available to defendants who show up and respond.

Filing a written Answer — even a simple general denial — is the single most important step you can take. It preserves your right to raise affirmative defenses, forces the plaintiff to prove its case, and opens the door to negotiation and settlement.

If you are facing a Nebraska debt collection lawsuit and cannot afford an attorney, reach out to Legal Aid of Nebraska or visit the Nebraska Judicial Branch Self-Help Center. You are not alone, and you have rights worth protecting.

 

This article was last updated March 2026. Nebraska statutes are subject to change. Always verify current statute text at the Nebraska Legislature website before relying on any statutory provision.