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Holder Israel

Enforcement Of Judgements In Israel

Enforcing Foreign Money Judgments in Israel

5.10.2009

|   David Ben Asher, Adv

A foreign Judgment is actionable only because it imposes an obligation upon the defendant. As any law student learns in his first year of law school, A judgment that can not be enforced is only worth the paper it is written on.

In the age of globalization where corporations have multiple branches and individuals have several places they call home. The Critical question for a judgment holder is whether to pursue a final judgment in a foreign Jurisdiction.

Generally Speaking, Enforcing a judgment in Israel does not mean commencing a civil action “De Novo”. Furthermore, defendant can not raise again a defense that was already raised in the original action.

Israeli Civil Code Section 23 on Judgments provides a mechanism for enforcing a foreign judgment. This Section reflects that many International treaties Israel has signed. Among the requirements and defenses for enforcement are:

1. The Judgment is final and no appealable.
2. The defendant had notice and opportunity to be heard.
3. Enforcement is reciprocal.
4. The judgment was not obtained by fraud or mistake.
5. Forum Non Convinces for Defendant.
6. The judgment does not have anti-Semitic overtones.

Before filing a lawsuit and incurring expansive filing fee and costs, the plaintiff should retain as soon as possible an expert witness who can testify competently on the foreign law and procedures in the original action and have proper evaluation of the case by a competent local counsel.

furthermore, a proper investigation of the  assets of the defendant must be also be done. In order to determine if the collection efforts will be bear the fruits of litigation in Israel. Generally speaking a judgement that is less then $50.000 is not worthwhile to pursue unless you have a deep pocket defendant or if the defendant has an property the judgement can be attached to..

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About the Author

The author practices International law and can be reached at Davidbenasher@walla.co.il. 0r 0524537214

Adddress: 41 shaul Hamaelech st, PO BOX 33228, Tel -Aviv, 61331, Israel.

Can Israeli passport holders visit the UAE ?

I have dual nationality with Britain, and have not lived in Israel for almost 40 years. Am I able to visit Dubai ?
Although I do have a British passport and can obviously use that, it still shows I was born in Tel Aviv. Does this matter ?

NO

Only Egypt and Jordan allow Israeli citizens to enter.

Full Show - 5/16/11. Raw milk, Israel & Palestine, Exclusive with Eric Holder