ISRAEL Law and Practice Contributed by: Joseph (Yossi) Ashkenazi, Haim Machluf and Roy Schondorf, Herzog Fox & Neeman
satisfaction, and therefore do not replace execution proceedings. Also, contempt proceedings are lim - ited to cases where the judgment creditor has no other options to enforce the judgment; therefore, the court will usually deny motions regarding contempt proceedings where the creditor may initiate execu - tion proceedings (for example, in enforcing pecuniary judgments). 2.3 Costs and Time Taken to Enforce Domestic Judgments The costs involved and length of time taken for enforcement will vary depending on the circumstanc - es and complexity of the case, on the course of action chosen by the judgment creditor and on the degree of opposition manifested by the judgment creditor. In execution proceedings, for example, the procedure – and as a result, the relevant deadlines the debtor is subject to and the length of time for enforcement – varies depending on several parameters, such as the nature of the judgment (civil or alimony judgment), the debtor’s ability to pay their debt (whether proven, presumed or absent), challenges and motions filed by the debtor, the extent of the ability to identify assets owned by the debtor, and other factors. The various sanctions mentioned above usually can - not be imposed on a debtor before an official warning has been furnished to him/her by the execution reg - istrar, and six months have passed. Thus, execution proceedings can often extend over significant periods. It is therefore worth considering, where there is a concern that the defendant may not satisfy the judg - ment, filing a motion to impose an attachment on the defendant’s assets before a judgment is rendered. If granted, this may assist in protecting the judgment creditor’s interests later on.
debt, as well as their financial ability to satisfy the debt. If the judgment debtor does not co-operate with the financial ability investigation, the execution registrar may issue an information order to various institutions which may have information on the judgment debtor’s assets (eg, the national social security authority, the insolvency supervisor, the census registry, the compa - nies’ registry, the motor vehicle registry, the real estate registry, mobile service providers, credit companies, and banks and insurance companies). If it is found that the judgment debtor has an asset or a source of income that may be used to satisfy the judgment, the judgment creditor may be entitled to receive information obtained by the order. 2.5 Challenging Enforcement of Domestic Judgments The judgment debtor may challenge the enforcement of a judgment by claiming that they are no longer required to satisfy the judgment, for various reasons which came into place after the judgment was ren - dered. For example, the judgment debtor may argue that: • they already satisfied the judgment and therefore do not owe anything to the debtor; • the limitation period which applies to the judgment has passed; • they have reached a settlement with the judgment creditor; and • their debt is subject to an offset. Often, when such a challenge is raised, an evidentiary hearing will take place before the execution registrar on that matter. The judgment debtor may raise this claim at any point during the execution procedure. The execution registrar may deliberate on this claim as long as it concerns facts and legal claims formed after the judgment was rendered. The registrar may further order a stay of execution until this claim is decided. 2.6 Unenforceable Domestic Judgments A judgment granting declaratory relief may not be enforced by itself. However, if a defendant acts con -
2.4 Post-Judgment Procedures for Determining Defendants’ Assets
The judgment debtor may be summoned for a “finan - cial ability investigation” by the execution registrar. At the end of this procedure, the registrar will deter - mine whether a judgment debtor is able to pay their
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