Legal Advocacy Groups Want Evictions, Debt Collections to Be Postponed

A six-page letter asking for a moratorium on eviction and debt collection proceedings in Nebraska outlines a legal argument that the Nebraska Supreme Court has the authority to temporarily halt civil proceedings during a public health emergency. (Courtesy Legal Aid of Nebraska)
A coalition of Nebraska legal services organizations are asking the Nebraska Supreme Court to halt evictions and debt collection in response to the pandemic.
The public health emergency in the state “requires all to act swiftly and decisively to slow the spread of the virus,” the organizations wrote in an open letter last Thursday to Chief Justice Michael G. Heavican. To allow evictions and debt collection proceedings to continue occurring would result in people who should be self-isolating or observing social distancing to end up in courtrooms in close proximity to other people.
“We recognize that a moratorium, even for short time, is a drastic measure. However, in these unprecedented times, we ardently believe that the need to protect judges, attorneys, court staff, parties, witnesses, and the public at large outweighs the immediate necessity of these legal actions,” according to the letter.
The letter was signed by Legal Aid of Nebraska, University of Nebraska College of Law Civil Clinic, Creighton University School of Law Milton R. Abrahams Legal Clinic, Nebraska Appleseed, Family Housing Advisory Services, Immigrant Legal Center and the Lincoln Commission on Human Rights.
They note the Federal Housing Administration already instituted a foreclosure and eviction moratorium for homeowners with FHA-insured mortgages for 60 days.
The groups observe that many in Nebraska are unsure of their employment status, and most parties facing eviction or debt collection proceedings represent themselves pro se, responding on short notice to “great threats to their homes and assets.”
“A moratoria on evictions and debt collection actions will keep these self-represented litigants from harm during this emergency,” the organizations argued.
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