What are Execution Proceedings and the Execution Law?
For those who have accumulated multiple debts, or for those to whom money is owed, dealing with an Execution Office is likely an unavoidable step towards a resolution. However, it is first important to understand what exactly Execution Proceedings are, and what is the Execution Law under which they operate.
Execution Law
The Execution Law is a 1967 law, enacted to enforce court judgments that refer to documents such as promissory notes, checks, mortgage deeds, and any other instrument regulating monetary rights. Following the enactment of the Execution Law, Execution Offices were opened throughout the country, with the aim of regulating and enforcing the law in practice.
The Execution Law defines two parties in each case: the judgment creditor, who submitted the instrument or judgment for execution, and the judgment debtor, against whom the instrument or judgment is filed. Sometimes there is also an additional party, called the holder. Each of these parties is bound by separate and regulated Execution Laws.
The Execution Law addresses a range of issues concerning movable and immovable property related to the various parties.
The Execution Office and its Areas of Activity
In Israel, there are many Execution Offices, operating alongside the Magistrate’s Court. Each Execution Office is headed by the Head of the Execution Office, who is either a Magistrate’s Court judge or a court registrar. Anyone who approaches an Execution Office or acts in accordance with the Execution Law is required to proceed in an organized manner and according to instructions, to open a file, fill out forms, and conduct themselves as defined by law.
Each Execution Office handles all proceedings that can be taken against a debtor, concerning the attachment of movable or immovable property, and their sale in accordance with the law. Furthermore, the Execution Office deals with areas such as garnishment, bankruptcy, exit prohibition orders, receivership, arrest warrants and imprisonment orders, and specific performance. In addition, the Execution Office also manages proceedings in favor of the debtor, such as an objection to the execution of a promissory note, proceedings for a debtor with limited means, the “I have paid” claim, and consolidation of files. Each of these areas is defined by the Execution Law and requires regulated and complex conduct accordingly.
