Claiming a fixed amount in execution – the advantages and disadvantages

Did you know that in some cases you can file a lawsuit for a fixed amount in execution? That is, shorten the procedure significantly and in some cases skip the court process altogether. If not, and you are considering filing a lawsuit in the future – this article may well help you receive financial compensation much faster than you thought.

To increase your chances of success, it is highly advisable to seek the services of a lawyer who is familiar with handling a claim for a fixed amount.

What is a claim for a fixed amount? In execution?

A claim for a fixed amount in execution is an abbreviated procedure that is submitted directly to the execution authority, and not to the court, and within the framework of which the defendant is not permitted to Automatically file a defense (This is a significant advantage for the plaintiff), but he must file an objection to the execution of a claim for a fixed amount (within 30 days from the date of receipt of the warning about the opening of the case at the Enforcement Office).

As part of the objection, the defendant must attach Form 218 and an affidavit verifying the facts detailed in the objection. In effect, the defendant is made more difficult to conduct a lawsuit in court.

When can a lawsuit be filed for enforcement?

A claim for a fixed amount may be filed in execution in the cases specified in Section 81A1 of the Execution Law. Section 81A1(a) states as follows:

A claim that is one of the following:

(1) A claim for a fixed sum of money arising from an express contract or obligation, for which there is written evidence;

(2) A claim arising from an obligation to pay a fixed sum of money, the cause of which is an express provision of legislation, may be requested to be executed in the same manner as a court judgment, subject to the provisions of this section, provided that the amount of the claim does not exceed 75,000 new shekels on the day it is filed, even if the amount subsequently increases due to interest or linkage differences (in this section – a claim for a fixed sum).

That is, you can file this claim in these cases:
1. סכום התביעה אינו עולה על 75 אלף ש"ח במועד ההגשה.
2. The claim is based on a contract or other obligation for which there is written evidence (you have a written document to prove the existence of the contract).
3. There are laws that allow for fixed compensation (for example, exemplary damages or compensation without proof of damage).

Warning letter before a claim for a fixed amount in execution

Section 81A1(b1) of the Enforcement Law states as follows:

(B1) The applicant for a claim for a fixed amount under the provisions of this section shall provide the defendant, by registered mail with confirmation of delivery, with a notice of his intention to submit the claim as aforesaid for execution by execution (in this section – the notice); if the applicant failed to provide the defendant with the notice in the manner aforesaid, and the applicant was represented by lawyerThe lawyer may submit the notice by personal delivery in accordance with the provisions of the Procedure Regulations, and the provisions of Regulations 489 and 490 of the Procedure Regulations will apply in this matter.

This section imposes an obligation on anyone who chooses to file this type of claim to send Warning letterIt will not be possible to open the procedure without sending a warning letter in a specific and predetermined format.

This is the wording of the warning letter that must be sent before filing the lawsuit:

Please note: A claim for a fixed amount cannot be filed in execution before 30 days have passed from the date the letter was sent to the debtor (Section 81A1(c) of the Execution Law). This is a disadvantage for the plaintiff and such an obligation does not exist before filing a claim with the court. However, the advantages of the execution procedure outweigh the disadvantages.

Another important detail you must take into account is that if the defendant did not receive the letter by registered mail and you delivered it by courier, you must attach an affidavit of service from the courier. The affidavit of service can be found on the Enforcement and Collection Authority website.

Sample claim

After you have prepared and sent a pre-claim warning letter, you can move on to preparing the claim itself. A claim for a fixed amount is usually Claim Very short, usually no more than 2-3 pages.

The statement of claim must be submitted with the agreements or written evidence of the existence of the debt, otherwise the statement of claim will not be accepted (the bailiffs usually review all submitted documents).

This is a claim for a fixed amount in execution, for example:

The statement of claim must be submitted together with Form 203, otherwise the statement of claim will not be accepted.

In some cases, you can also file the claim without even going to the enforcement office. For this, you will need to obtain a smart card in advance.

In conclusion

הגשת תביעה על סכום קצוב בהוצאה לפועל אפשרית אך ורק במצב בו התביעה מוגשת עד לסכום של 75 אלף ש"ח, והיא מבוססת על חוזה או התחייבות אחרת שיש עליה ראיה בכתב. היתרון במסגרת תביעה זו שהיא מוגשת ישירות ללשכת ההוצאה לפועל ולא לבית המשפט. כלומר, אם תזכו בתביעה לא תצטרכו לבזבז זמן נוסף בפתיחת תיק הוצאה לפועל.

As part of this lawsuit, there is a requirement to send a warning letter before filing a lawsuit. This is a specific form that must be sent to the defendant.

Frequently asked questions regarding a claim for a fixed amount