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No Money for a Court Fee in Israel: When a Claim Will Be Accepted Without Payment

Lack of money does not block access to the courts in Israel, but there is no automatic exemption from the fee. The applicant must both disclose their financial situation and show that the claim includes a genuine legal cause of action.

Numbers and facts
  • 2 conditions: financial inability and a cause of action
  • 20 days — the standard deadline following a demand to complete payment of the fee
  • 2 parts — the fee in a claim for a fixed sum of money
  • ₪5,000,000 — the amount claimed in C.C. 511/98
  • ₪10,000 — the expenses awarded there

Who May Request an Exemption

Anyone who wishes to file a claim or application but is unable to pay the court fee or deposit a security may submit an application. Under the Courts Regulations (Fees), 5767–2007, the court may grant the applicant a full or partial exemption. As long as the fee has not been paid or an exemption application has not been filed, the proceeding will generally not be accepted for registration. Separate fee regulations apply to the Labor Courts and Family Courts.

The Court Examines More Than an Empty Bank Account

To obtain an exemption, two tests must be met: proving financial inability and showing that the proceeding discloses a cause of action. Therefore, documents concerning debts alone are insufficient: the court compares income, assets, and the possibility of obtaining money from available sources. The assets of the applicant, their spouse, and their parents may be taken into account in the assessment. Even a negative balance between debts and assets does not guarantee a favorable decision.

Which Documents Should Be Prepared

The application is submitted on the designated form and includes an affidavit, the signature on which must be authenticated by an attorney or the court registry. The financial picture must be complete: bank accounts and statements, information about salary, benefits, and other income, tax documents, details of assets and debts, and the circumstances of family members, if relevant. A review published regarding Judge Sarah Brosh’s decision of June 9, 1999, mentioned bank statements that had not been submitted, a tax assessment, and property that the applicant could have tried to use to raise funds. The current list should be checked against the form and the court’s requirements: during the review, the registry may request additional documents.

Why You Must Not Conceal an Account or Apartment

One common mistake is to detail debts without mentioning a bank account, real estate, or family property. In C.C. 511/98, the plaintiffs requested a fee exemption for a claim of 5 million shekels against Bank Discount, but the possibility of using inherited property remained unproven. The application was denied, and the applicants were ordered to pay expenses of 10,000 shekels. This older example was considered under the previous rules from 1987, but it clearly illustrates why the completeness of the affidavit affects both proof of need and the court’s trust.

How to File and Avoid Losing the Case Because of a Notice

An unrepresented applicant may submit the documents at the court registry’s reception counter; online filing through the “Net HaMishpat” system as part of this service is intended for attorneys. After filing, a reference number is issued, which is used to track the handling of the filing and the case number. The court may require supplementary materials, and if they are not submitted within the prescribed period, the case may be closed. If the court has already begun handling the proceeding and discovers an underpayment, the payment demand must generally be complied with within 20 days from the date it was served, or within a longer period expressly specified in the demand.

FAQ

Is it possible to file a claim without paying any fee at all?

Yes, if an exemption application is filed together with the claim and the court grants it. The exemption may be full or partial; a declaration of lack of money alone is insufficient.

Must the spouse’s bank accounts be disclosed?

The court may take the spouse’s assets into account, so the relevant information must not be concealed. The assets of the applicant’s parents may also be taken into account when assessing financial ability.

Why does the court assess the claim’s prospects in advance?

The exemption is intended to ensure access to the courts, not to fund a proceeding that has no apparent legal cause of action. At this stage, the court is not required to decide the dispute conclusively, but it examines whether the facts described disclose a basis for the claim.

Is it possible to sign the affidavit at the court itself?

Yes. The affidavit on the application form may be signed before an attorney or authenticated at the registry of the court or tribunal; a fixed fee is prescribed for the authentication.

What will happen if the court requested an additional statement and I did not respond?

The request must not be ignored: if the documents are not submitted by the prescribed deadline, the case may be closed. The status and decisions may be checked in the “Net HaMishpat” system using the case number or filing reference number.

What to do next

Before filing, it is advisable to download the current form, prepare a complete list of accounts, income, benefits, debts, and assets, and collect supporting documents regarding family funds. After registration, it is important to retain the reference number and regularly check the court’s requirements. The exact set of documents and applicable rules depend on the type of court and proceeding.

Sources

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Case analysis based on court rulings

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