The Post Office and the EMS Letter

An EMS is a special delivery service offered by the Israel Postal Authority. It is supposed to reach its intended address within six business days.

Mrs. Dorothy had a letter sent to be used in a court case abroad. Because of the long delay in the delivery of the letter, the court case abroad was postponed. Therefore, she sued the IPA claiming that she relied on the EMS service to deliver her letter within the six proscribed days, but instead it took much longer for the delivery to be made. She sued for compensation of damages.

On August 23, 2010, The Honorable Judge, Mr. Harvey Grubs from the Kfar Saba Small Claims Court, rejected the claim and decided for the defendant (the IPA) based on Paragraph 84 of the Post Office Law. This states that any claim should be presented within a six-month period. Mrs. Dorothy sent her letter on June 26, 2009, but only filed her claim in March 2010.

Mrs. Dorothy was lucky though, because the Judge decided not to grant the defendants any monetary compensation for their losses (Hotzaot Mishpat).

Please remember that Israeli law stipulates different periods of time for each different law in which you are allowed to present your claim.

Conclusion: Prepare your claim as soon as possible and present your case in court without any unnecessary delay. If you have any doubts or questions concerning timetables to present your case, please consult with a lawyer.

 Sincerely,
 

Tzvi Szajnbrum, Attorney at Law