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A Letter from the Enforcement and Collection Authority: How to Object to a Debt Before Collection and Attachment

A warning issued by Israel’s Enforcement and Collection Authority does not mean that the stated amount can no longer be challenged. The most important steps are to verify the type of file, obtain the documents, avoid missing the 30-day deadline, and, at the same time, check whether the collection proceedings have been stayed.

Numbers and facts
  • •30 days — deadline for filing an objection after receiving the warning
  • •Up to 75,000 shekels — claim for a fixed amount
  • •Two copies — document package to be submitted according to the form
  • •Approximately 45 days — period for sending the decision according to the explanations accompanying the form
  • •30 days — waiting period after the warning letter and before opening the file

First, Check the Type of File Opened Against You

An objection may be filed in two types of files: a claim for a fixed amount and enforcement of a check or promissory note. The entire debt or only part of it may be disputed—in the latter case, the disputed amount is stated on the form. A claim for a fixed amount may be opened under Section 81A1 of the Execution Law, 5727-1967, if the amount does not exceed 75,000 shekels. It must be based on an explicit contract or undertaking for which written evidence exists, or on a statutory obligation to pay a fixed amount.

Request the Documents Used to Open the File, Not Just the Account Statement

A copy of the enforcement application and all materials on which the file was opened must be obtained from the office: the contract documents, check, promissory note, and account statement. In a claim for a fixed amount, the creditor must attach written evidence establishing the debtor’s connection to the debt, including the debtor’s signature. Check the name and identity card number, the basis for every amount added, the payments that were taken into account, and whether the document matches the undertaking you actually made. Separately check proof of service: before opening such a file, the creditor must send a warning letter regarding the intention to commence proceedings and wait 30 days.

The Deadline Is Calculated from the Date the Official Warning Is Received

After the file is opened, an official warning is sent to the debtor, and a 30-day period to settle the debt or file an objection begins on the date it is received. This warning must not be confused with the earlier letter sent by the creditor regarding the intention to open a file. One practical mistake is to conduct negotiations by telephone and assume that they stop the days from being counted: the cited rules do not indicate such an outcome. Document the date of receipt and check the service details in the personal area or through the office.

The Objection Must Explain Exactly What Is Wrong

Merely stating “I disagree” is not enough: the form must be accompanied by a reasoned objection, an affidavit, and documents relating to the file. The affidavit must be signed before an attorney or an authorized employee of the Execution Office. Copies of the documents relating to the opening of the file and of the identity card must also be submitted. The application must state whether the entire debt or only part of it is disputed, as well as the court competent to hear the dispute and the basis for its jurisdiction. The objection and affidavit are transferred to the court for consideration, which makes specific facts and supporting documents important.

Check Separately Whether the Collection Proceedings Have Been Stayed

When the objection is filed on time, within 30 days and with an affidavit, the proceedings may be stayed, but this depends on a decision by the Registrar of the Execution Office or the director of the Execution Office. Therefore, mere confirmation that the application was filed does not prove that collection and attachments have stopped; the decision issued must be checked. If the deadline has passed, an application to extend the deadline and an affidavit must be filed with the objection; in that case, the stay is not automatic. A separate application to stay proceedings may be filed for referral to the court, and the status of the decision may be checked in the personal area or through the information center.

Where and in What Form the Documents Are Filed

The objection may be filed at the office where the file was opened, or at the office near the court that the debtor believes is competent to hear the dispute. According to the explanations accompanying the form, the documents must be submitted in two copies—by mail or in person during public reception hours. If the competent court is not specified, the materials will be transferred to the court near the office where the objection or application to extend the deadline was filed. The explanations also state that the decision is expected to be sent within approximately 45 days of the filing date.

FAQ

Can only part of the debt be disputed?

Yes. The government form allows a full or partial objection to be filed; in the case of a partial dispute, the relevant claims and the amount in shekels must be stated.

What should I do if the 30 days have already passed?

The form includes an application to extend the deadline, which is filed with the objection and affidavit. However, the collection proceedings are not stayed automatically, so a separate application to stay proceedings must be filed.

Does the objection stop an account attachment or any other collection proceeding?

It must not be assumed that proceedings were stayed automatically merely because the documents were received. The stay depends on a decision by the Registrar of the Execution Office, the office director, or the court, so it is necessary to check whether a separate decision appears in the personal area or through the information center.

Where can copies of the documents on which the debt is based be obtained?

A copy of the enforcement application and the documents relating to the opening of the file may be obtained at the Execution Office. These documents are also mandatory attachments to the objection.

Can an objection be filed without an affidavit?

The explanations accompanying the form define the affidavit as a mandatory document. It must confirm the detailed facts and be signed before an attorney or an authorized employee of the Execution Office.

What to do next

Immediately record the date on which the warning was received, request all file materials, and compare the basis of the debt with your contracts and payments. If the amount is disputed, prepare a reasoned objection accompanied by an affidavit, and separately check whether a decision staying the collection proceedings has been issued. If the deadline has passed, check the requirements for extending it and for filing a separate application to stay proceedings.

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