Don`t Sweat the Small Stuff (part 1)

This is a series of short articles on why you should not “sweat the small stuff”. Pick your battles and be smart.

Today we will learn about the “green notice” (called: “Azaara”) from the “Otsaa La Foal” office

This piece of paper (the “green paper”) could change your life and not for the better. This is a formal legal notice and it means you owe money to someone. Take care of this now and do not wait another moment. It could cost you dearly in the future.

It is not possible to be served the “green paper” (it means that a file/claim has been opened against you in the legal system – the “otsaa la foal”) if you do not owe money to someone, or you are not behind in your payments to some company (such as cable TV, cell phones, etc.) or your check has not bounced or you didn’t pay the municipality, etc. Something must be wrong and you must have some kind of debt!

Look at these rules and try to work out a solution based on them:

Rule number 1: Do not blame the lawyers or anyone else. It is your debt, like it or not, and don’t expect miracles. Debts will not fade away! They may “hide” for a while but they will always come back and find you. It could take weeks, months or even years, but they will be there waiting to be taken care of, with no time limitations. 

Rule number 2: It does not matter at all if you were served or not! It does not help if you are never home, and it will not help if you refuse to sign the notice. The green paper was sent to the address you had provided them in the past. From now on your debtor can impose all sorts of limitations on you – including a ban on leaving Israel and many other limitations. 

Rule number 3: You will not have an automatic “right of defense”. You must ask permission of the court to defend yourself and it will not be automatically granted to you just because you asked for it. You must show the Judge you have a “reasonable chance” to defend yourself and win or your request will be denied. The problem is that generally you do not really have a good defense; therefore even if the defense is granted to you but you lose – it will cost you much more now! Before “going to war” be sure you are making the right decision.  It could be easier and cheaper to compromise! 

Rule number 4: The numbers on the green paper are not final! This is the “opening amount”, the “starting sum”. The final amount will include: Lawyer’s fees, more interest and other expenses (You can call this number *35592 and ask how much the actual debt is). 

Rule number 5: Do not wait - avoid this procedure at any cost. Instead of waiting to be served (sued) try to compromise before or sue the other side right way! Do not wait until the last minute. You can sue the other side as soon as you know you cannot reach an agreement. This is not applicable if you owe money as a loan to the bank, a bounced check, etc. 

Rule number 6: Never cancel a “hora’at keva” or a check (a check can be canceled only if it was stolen from you or the signature forged). It will complicate matters and cost you much more. Therefore pay your bills and sue the other side instead of cancelling the payments. 

Rule number 7: Do not try to fight the entire country or the legal system and of course not the consumer’s rights war by not paying your debts. This will not succeed and you will achieve absolutely nothing. Sometimes it is very aggravating the way we are treated by these “big companies” and we feel they are using their “super power” against us, but pick your battles wisely and remember the rules. 

Rule number 8: Even with free legal help you will not be able to get rid of the “green paper”. We can do wonders but not miracles. 

This issue (“Otsaa La Foal”) is the hottest among new immigrants because the legal system is so different here. Do not be tempted by “friend’s help and advice”. Ask an expert before you make a decision. There are organizations offering useful, free, and professional advice.

Sincerely,

Tzvi Szajnbrum, Attorney at Law