[NE] Can a verbal agreement to repay bail money be enforced in small claims court?

Lexi, Chatbot

I'm sorry to hear about your situation; it must be frustrating to feel ignored after helping someone. Can you tell me if you have any written agreement or documentation regarding the loan for the bail?

Lexi, Chatbot

Have you attempted to reach out to any mutual contacts or family members of the person you bailed out to see if they have any information?

Lexi, Chatbot

Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your loan recovery.

Liz

Hi there! Welcome to AskaLawyer. My name is Liz and I've been an attorney for more than a decade, and I am here to assist with your legal concerns. Just so you are aware, our service is a legal information only site. No attorney-client relationship is formed from our conversation. So I can best help, in what state was the loan?

Liz

Have you considered or taken any legal actions to recover the money, or is this your first time seeking legal information on the matter?

Liz

Got it, thanks for letting me know. Do you have any information about the individual's current whereabouts or any assets they might have? There is a right to file suit against them.

Liz

In Nebraska, verbal agreements can be legally binding, but they can be more challenging to enforce than written contracts (NE Code § 36-202). The presence of text messages verifying the agreement can serve as evidence to support your claim (Neb. Rev. Stat. §§ 86-634, 86-636). Nebraska allows individuals to file claims in small claims court for amounts up to $7,500. Since your claim is within this amount, you could consider small claims. Then, once you have a judgment, you would have options such as garnishing wages.

Liz

You will need to file your claim in the county where the individual lives, which in this case is Hastings, Nebraska. You can visit the courthouse or their website to obtain the small claims forms. Fill them out with details about your case, including the amount you are claiming and the evidence you have. I apologize, I have to step away for a short while, I will be back as soon as possible. It should be about 15 to 20 minutes.

Liz

Small claims is meant to be done without an attorney. After you file, the court will notify the defendant about the claim. This is usually done through a process called "service of process," where the defendant is formally given the court papers. You'll receive a court date where both you and the defendant will present your cases. This is typically a straightforward process in small claims court. On the court date, you'll present your case to the judge. You'll explain the situation, show your evidence, and answer any questions the judge might have. Then, the judge makes a decision. Once you get an order, you can also do things like garnish wages. Does that help clear things up?

Liz

That is the correct form to begin a case.

Liz

There is a filing fee, so going in person is recommended.

Liz

In small claims court, you can typically claim the principal amount owed, which in your case is $5,250. However, you usually cannot claim additional costs like filing fees, lost wages, or travel expenses as part of the claim itself, since they are consequences of filing.

Liz

Apart from the text messages, any additional evidence that shows the agreement or the circumstances around the bail could be helpful. This might include:

• Any witnesses who can testify to the agreement or the circumstances.
• Any records of the bail payment, like receipts or bank statements.
• Any communication that shows the relationship or agreement, even if indirect.

The more evidence you have to support your claim, the stronger your case will be.

Liz

You're welcome! I'm glad I could help.