Frequently asked questions
General answers to common questions in the office’s practice areas. Each case is assessed on its own circumstances, and the answers do not constitute legal advice.
General
4 questions
Which documents should be brought to the first meeting?
Any document related to the matter: letters and decisions received, details of enforcement files, agreements and receipts. Missing documents can be provided later.
How is a meeting arranged?
The office can be contacted by phone, by WhatsApp or through the contact form on this site. Meetings take place at the office in Tira, FOX Building, Floor 2, by appointment.
In which languages is the service provided?
Hebrew, Arabic and English. Meetings, explanations and correspondence are conducted in the language the client chooses.
Does contacting the office through this site create an attorney–client relationship?
No. The information on this site is general, and contacting the office through the site or the form does not create an attorney–client relationship. That relationship is formed only once the client and the office have expressly agreed on representation.
Enforcement & Collection
5 questions
What can be done after receiving a warning notice in an enforcement file?
The warning notice sets a period for taking action. During that period the options can be considered: payment, an arrangement, or in some cases filing a request or an objection. Seeking legal advice as early as possible is recommended.
What is a consolidation of enforcement files?
Consolidation is a procedure in which a debtor’s enforcement files are combined into a single file, and the debtor makes one monthly payment set according to their means, instead of separate payments in each file. Consolidation involves conditions and reporting duties, and restrictions may apply to the debtor while it is in effect. Whether consolidation suits the circumstances is assessed at the meeting.
Can an attachment be cancelled or reduced?
In certain cases. Depending on the type of attachment and the circumstances of the file, an application can be made to the Enforcement Registrar to cancel or reduce it. Some funds and assets are protected from attachment by law, including part of a salary and certain benefits. Each application is assessed on its merits.
Which restrictions can be imposed on a debtor in enforcement proceedings?
The law allows various restrictions to be imposed on a debtor, such as a ban on leaving the country, a restriction on the driving license and a restriction on the use of credit cards, where the conditions for doing so are met. An application can be made to the Enforcement Registrar to lift a restriction or to defer it, with reasons and supporting documents.
On the basis of which documents can an enforcement file be opened?
An enforcement file is opened on the basis of a document that the law allows to be enforced, chiefly a judgment, a cheque or a promissory note, along with other documents the law permits. The office opens files for creditors and manages the collection proceedings after reviewing the documents and the debt.
Insolvency
5 questions
Are insolvency proceedings suitable for every debtor?
Not necessarily. The proceedings are intended for those who cannot meet their debts, and they involve conditions and consequences. The situation and the possible alternatives are reviewed at the meeting.
What is the difference between insolvency proceedings before the Enforcement Registrar and proceedings in court?
The Insolvency and Economic Rehabilitation Law, 5778-2018, sets out two main tracks for individuals: proceedings conducted before the Enforcement Registrar, and proceedings conducted before the Official Receiver and the court. The track is determined mainly by the extent of the debts and the debtor’s circumstances, and each track has its own rules, deadlines and consequences.
What is a discharge?
A discharge releases the debtor from the debts included in the proceedings. It is granted at the end of the proceedings when the conditions set by law are met, including compliance with the payments and duties imposed on the debtor during the proceedings. Certain debts are excluded from a discharge by law.
What happens to enforcement files once insolvency proceedings are opened?
As a rule, once the order opening the proceedings is granted, collection proceedings against the debtor are stayed, including proceedings in enforcement files, and the debts are dealt with within the insolvency proceedings. There are exceptions to this rule, and the effect on each file is assessed according to its circumstances.
How does a creditor take part in a debtor’s insolvency proceedings?
A creditor files a proof of debt in the proceedings within the period set for it, together with the documents that support the debt, and the claim is examined within the proceedings. A creditor may also submit a position or an objection at various stages of the proceedings. The office represents creditors in filing proofs of debt and in the proceedings in the file.
Monetary Claims
5 questions
What is a demand letter before filing a claim?
A demand letter sets out the claim and its basis, and allows the other party to pay or respond before a claim is filed. It also documents the demand and the date it was sent, and it sometimes allows the matter to be resolved without legal proceedings.
What is the difference between the fast-track and the regular procedure?
The fast-track procedure applies to monetary claims up to an amount set in the regulations, and is conducted on shortened timetables with a limited scope of pleadings and preliminary proceedings. Other claims follow the regular procedure. The track is determined mainly by the amount of the claim, and it affects the way the proceedings are conducted.
What is an objection to the enforcement of a cheque or promissory note?
When a cheque or promissory note is submitted for enforcement directly at the Enforcement and Collection Authority, the debtor may file an objection within the period set by law. If the debtor is granted leave to defend, the matter is transferred to court and heard as a monetary claim. The deadline for filing the objection is of particular importance.
What is the limitation period for a monetary claim?
The Prescription Law, 5718-1958, sets a period within which a claim can be filed. A claim filed after that period may be dismissed if the defendant raises prescription. The length of the period, and the date from which it runs, depend on the type of claim and its circumstances, so this should be checked before a claim is filed or at the start of a defense.
Can a settlement be reached out of court?
Yes. Negotiations can be held and a settlement reached at any stage, before a claim is filed and during the proceedings. A settlement reached during proceedings can be given the effect of a judgment with the court’s approval. The terms of a settlement are reviewed before they are signed.
Contact the office
The office can be contacted by phone, by WhatsApp or through the form. Services are provided in Hebrew, Arabic and English.
The information on this site is general and does not constitute legal advice or a substitute for it. Contacting the office through this site does not create an attorney–client relationship.