The Execution Office system serves, among other things, as the enforcement arm of the court system. It exists to carry out the judgments of all courts, whether by collecting money or by carrying out other actions ordered in the judgments.
In addition, legal documents that are not judgments can also be enforced, such as pledge deeds, mortgages, bills and checks.
One of the most important legislative amendments is the amendment to Section 24 of the Execution Law. This amendment allows certain types of claims (such as claims based on breach of contract) of up to 50,000 ₪ to be filed directly with the Execution Office.
When enforcing an obligation, the Execution Office mechanism gives priority to the creditor; however, this does not mean that the mechanism completely disregards the debtor's financial situation.
The Execution Office has several officeholders. The principal officeholder is the Head of the Execution Office, a person who also serves as a judge or registrar in a Magistrates' Court. In the capacity of Head of the Execution Office, this official has been granted a number of judicial and administrative powers by law.
One of the main powers of the Head of the Execution Office is to hear a claim of “I have paid” (Pra'ati). This is a claim in which the debtor argues that they have complied with the judgment (for example, paid their debt to the creditor) or that they are no longer required to comply with the judgment (for example, a claim that the judgment has become time-barred).
Where a bill such as a check is concerned, if the debtor believes they are not obligated to pay the amount stated in the bill (for example, because the debtor received no consideration for the bill), the debtor must file an opposition to the enforcement of the bill, setting out their arguments.
Our office represents both creditors and debtors before the Execution Office. In representing creditors, our office specializes in receivership, attachment of movable property and real estate, enforcement of mortgages and pledges, and more.
In representing debtors, our office specializes in conducting negotiations with creditors, handling opposition cases, preparing proposals for creditor arrangements, filing bankruptcy petitions, and representing debtors of limited means.