(1) On any lawsuit of four thousand dollars or less, regardless of whether the claims are liquidated or assigned, the plaintiff may recover costs, interest, and attorney's fees in connection with each claim as provided in this section. If, at the expiration of ninety days after each claim accrued, the claim or claims have not been paid or satisfied, the plaintiff may file a lawsuit for payment of the claim or claims. If full payment of each claim is made to the plaintiff by or on behalf of the defendant after the filing of the lawsuit, but before judgment is taken, except as otherwise agreed in writing by the plaintiff, the plaintiff shall be entitled to receive the costs of the lawsuit whether by voluntary payment or judgment. If the plaintiff secures a judgment thereon, the plaintiff shall be entitled to recover:
(a) The full amount of such judgment and all costs of the lawsuit thereon;
(b) Interest at the rate of six percent per annum. Such interest shall apply to the amount of the total claim beginning thirty days after the date each claim accrued, regardless of assignment, until paid in full; and
(c) If the plaintiff has an attorney retained, employed, or otherwise working in connection with the case, an amount for attorney's fees as provided in this section.
(2) If the cause is taken to an appellate court and the plaintiff recovers a judgment thereon, the appellate court shall tax as costs in the action, to be paid to the plaintiff, an additional amount for attorney's fees in such appellate court as provided in this section, except that if the plaintiff fails to recover a judgment in excess of the amount that may have been tendered by the defendant, then the plaintiff shall not recover the attorney's fees provided by this section.
(3) Attorney's fees shall be assessed by the court in a reasonable amount, but shall in no event be less than ten dollars when the judgment is fifty dollars or less, and when the judgment is over fifty dollars up to four thousand dollars, the attorney's fee shall be ten dollars plus ten percent of the judgment in excess of fifty dollars.
(4) For purposes of this section, the date that each claim accrued means the date the services, goods, materials, labor, or money were provided, or the date the charges were incurred by the debtor, unless some different time period is expressly set forth in a written agreement between the parties.
(5) This section shall apply to original creditors as well as their assignees and successors.
(6) This section does not apply to a cause of action alleging personal injury, regardless of the legal theory asserted.
Notes of Decisions
United Services Automobile Association v. Hills (1961)
neb · cites it 15×
“It is contended by Hills that he is entitled to the allowance of an attorney's fee against United in the district court and in this court under the provisions of section 25-1801, R.R.S.1943. The trial court denied an attorney's fee in that court and Hills has cross-appealed,…”
Hage v. General Service Bureau (2003)
ned · cites it 14×
“GSB sought fees pursuant to the statutory grant contained in Neb.Rev.Stat. § 25-1801. That statute provides for recovery of attorney fees, costs, and interest in actions to recover amounts less than $2,000 for charges or services for the “necessaries of life,” if the claimant…”
Scudder v. Haug (1978)
neb · cites it 6×
“The only statutory authority for *115 such an award in a case like the present one is section 25-1801, R. R. S. 1943. That section provides that a plaintiff who successfully prosecutes a claim for $2,000 or less for services rendered and other types of claims, shall, in…”
Jenkins v. General Collection Co. (2008)
ned · cites it 2×
“§ 25-1801 (Reissue 1995), which provides for the award of limited attorney fees in connection with certain claims for two thousand dollars or less for “(1) services rendered, (2) labor done, (3) material furnished, (4) overcharges made and collected, (5) lost or damaged personal…”
Krause v. State Farm Mutual Automobile Insurance (1969)
neb · cites it 4×
“In a second cause of action plaintiff contends that he is entitled to an attorney's fee for collecting the attorney's fee under section 25-1801, R.S.Supp., 1967. The trial court denied recovery of an attorney's fee for collecting for the services and we adhere to that holding.”
Hancock v. Parks (1961)
neb · cites it 8×
“The plaintiff also asked for attorney’s fee to be-taxed as costs by virtue of section 25-1801, R. R. S. 1943, and costs of suit.”
Guaranteed Foods of Nebraska, Inc. v. Rison (1980)
neb · cites it 2×
“The applicable section which must be considered in this connection is, as stated in the brief of the appellee, Neb. Rev. Stat. § 25-1801 (Reissue 1979).”
Sinnett v. Hie Food Products, Inc. (1970)
neb · cites it 2×
“The court allowed an attorney’s fee of $98 in compliance with the requirements of section 25-1801, R. S. Supp., 1967. The statute does not authorize a larger fee but does allow a similar fee to be taxed in this court.”
Lewis v. Hiskey (1958)
neb · cites it 2×
“All costs are taxed to defendant, including $150 as fees for the services of plaintiff’s attorneys in this court, as provided by section 25-1801, R. R. S. 1943. Affirmed.”
Ehlers v. Campbell (1954)
neb · cites it 2×
“Plaintiff next claims error in the refusal of the trial court to grant attorney’s fees which he claims under the provisions of section 25-1801, R. R. S. 1943. Plaintiff pleads that he secured a judgment for “$12.”
Bassett v. Credit Mgmt. Servs., Inc. (2018)
ned · cites it 34×
“The plaintiff challenges defendant CMS's routine practice of filing collection complaints in Nebraska County Courts that seek prejudgment interest and attorney fees under Neb. Rev. Stat. § 25-1801 , et seq. Bassett contends that CMS misrepresents the nature of the debt as one…”
Andrews v. Wilkie (1967)
neb · cites it 2×
“As a basis for the allowance of an attorney’s fee under the provisions of section 25-1801, R. R. S. 1943, the record must show pleading and proof of the existence of the condition precedent set out in the statute.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.