Small Claim Courts in Israel

Serving a Claim

Is this your first time in the court room? Is this your first case? Even if it is not your first claim, it is always better to get some advice before you write your claim.

We have been involved in hundreds of cases and you can use our experience in order to have a better chance in court.

We want to share some experience from our recent cases.

Serving the Claim and the Defendant’s ID Number

In Israel you must serve the claim to the defendant only if the court could not do it (such as if the court did not locate the defendant).

You can always do the serving in this case but it could cost you a few hundred shekels. It is possible you can handle the serving yourself but it is not advised. The right way to do it is through a company dealing with this type of work (such as a detective company).

These people are qualified and have experience doing this job. They will serve the claim and if necessary find the defendant`s ID number to be added in the claim later.

The best way is to have an ID number before serving the defendant otherwise you can find yourself serving the wrong person (similar names do not mean similar persons). If you have served the defendant but you do not have his ID number, even if you win the case in his/her absence, you will not be able to open a TIK OTSAA LA POAL (at the bailiff`s office) without an ID number, therefore all you will have is a court decision but no means to turn it into actual money.

The Defendant

If you know for a fact the defendant has no means to pay if he loses, don`t waste your time. Sad, but this is the reality.

Take a person who has lived for years on National Security payments, for example. Most likely this is his/her only income; therefore by law you will not be able to receive any part of it.

If you know for sure the person is not in Israel and they have left the country for good, please understand, you cannot really serve these people and to serve the claim abroad is a complicated procedure and cannot to be done in the small claim courts.

Sincerely,

Tzvi Szjanbrum, Attorney at Law