How to Get a Court Fee Waiver for Housing Cases in Nebraska

If you're a renter in Nebraska facing a court case about your home—like an eviction, a dispute about repairs, or a disagreement over rent—you might worry about how to afford the court fees. Nebraska courts understand that these costs can be a barrier. That's why they offer a way for low-income renters to ask for a court fee waiver, letting you move forward with your case even if you can't pay up front.

What Is a Court Fee Waiver?

A court fee waiver is permission from the judge to skip paying the court's required fees (like filing, service, or appeals fees) in your housing case. If your income is very low or you receive certain public benefits, you may qualify. This ensures everyone has a fair chance to resolve disputes, including renters dealing with eviction or habitability concerns.

Who Can Request a Fee Waiver in Nebraska?

You can apply for a fee waiver in Nebraska if:

• You cannot afford the court fees without hardship, and
• Your income is at or below 125% of the federal poverty level, or you receive assistance like Medicaid, SNAP, SSI, or TANF

For renters, this is most relevant if you're responding to an eviction notice, starting a court case against your landlord (for repairs or deposit return), or appealing a court decision related to your rental home.

How to Apply for a Nebraska Court Fee Waiver in Housing Cases

Here are the main steps to request a fee waiver. You’ll fill out the right forms and give them to the same Nebraska court that's handling your housing case.

Official Forms for Fee Waivers

• Application to Proceed In Forma Pauperis (DC 6:7.1):
  Nebraska Application to Proceed In Forma Pauperis (DC 6:7.1) is the main form Nebraska renters must use to request a court fee waiver.
• Affidavit and Order to Proceed In Forma Pauperis (DC 6:7.4):
  Once you submit your application, the judge will use the Affidavit and Order (DC 6:7.4) to review your request.
  Practical example: If you’re a tenant fighting an eviction, fill out DC 6:7.1 right after receiving your court papers and file it with the clerk. If your income is low, the judge might grant you a waiver so your case moves ahead without up-front costs.

What Happens After You Submit the Forms?

• The judge will review your request, usually without a hearing.
• If approved, you can proceed with your housing case even if you can’t pay the fees right now.
• If denied, you’ll need to pay the required fees or talk with legal aid.

All Nebraska rental and eviction cases are processed through the Nebraska County Courts, under the oversight of the Nebraska Judicial Branch.

Nebraska Law: Tenant Rights and Fee Waivers

Nebraska’s rental laws are set by the Nebraska Residential Landlord and Tenant Act (Neb. Rev. Stat. §§ 76-1401 to 76-1449). Fee waivers and court access for low-income tenants are governed by Neb. Rev. Stat. § 25-2301 and related statutes.^[1][2]

Key Steps to Request a Fee Waiver

• Get the Application to Proceed In Forma Pauperis (DC 6:7.1) form
• Fill out the form with accurate information about your finances and public benefits
• File the form with your Nebraska County Court when you start or respond to your case
• Wait for the judge’s decision; watch for a mailed or emailed order
• Contact legal aid if you have questions or need help completing the forms

Following these steps gives every renter a chance to be heard in court—no matter their financial situation.

FAQs: Nebraska Renters and Court Fee Waivers

1. Who decides if my court fee waiver is approved in Nebraska?
   The judge assigned to your case will review your application and financial information to decide whether to grant the waiver.
2. What if my fee waiver application is denied?
   You will need to pay the required fees to move forward, or you can ask the judge to reconsider. If you can't pay, reach out to free legal aid for support.
3. Are all housing-related court fees covered by the waiver?
   Most court fees related to your housing case can be waived, but some costs (such as service of process) may still need to be paid in certain situations.
4. Do I need to submit a new fee waiver request for each court action?
   Yes, you typically must submit a new request each time you start a different court case or file a new appeal.
5. Is receiving public assistance enough to qualify?
   If you receive programs like SNAP, SSI, or TANF, this supports your application—but you still need to file the forms for the judge to review.

Key Takeaways for Nebraska Renters

• Low-income renters in Nebraska can request a court fee waiver in housing cases by using the correct forms.
• All forms must be filed with the Nebraska County Court handling your dispute or eviction.
• Legal aid and court clerks are valuable resources if you have questions or need help.

Remember: Fee waivers make Nebraska’s court system more accessible if you’re struggling with rent or facing eviction. Take action quickly if you believe you qualify.

Need Help? Resources for Renters

• Nebraska Court Forms – Official Court Website
• Legal Aid of Nebraska – Free legal help for qualifying renters in housing cases
• Nebraska County Courts Directory – Find your local court's contact information
• Nebraska Residential Landlord and Tenant Act - Legislation

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1. Nebraska Statute § 25-2301 - In Forma Pauperis applications
2. Nebraska Residential Landlord and Tenant Act
3. Nebraska Supreme Court - Official Court Forms

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