If you’re wondering about the procedure for bringing a final foreign court judgment to enforcement in Israel, you’re in the right place. In this post, we’ll discuss the documents required, the costs involved, and whether it’s necessary to take enforcement action in your country first.
Understanding the Foreign Judgement Enforcement Law in Israel
The conditions for the execution of a foreign court judgment in Israel are set by the Foreign Judgement Enforcement Law of 1958. Before starting the procedure of enforcement of a foreign court judgment in Israel, it must first be recognized by an Israeli court. However, there is no requirement for prior enforcement action in the foreign issued country.
Jurisdiction of Israeli Courts for Enforcement of Foreign Court Judgments
The jurisdiction of the court in Israel is determined by the value of the subject matter of the dispute (the amount awarded by the foreign court). For amounts up to ILS 2,500,000, the Magistrates Court (first instance) has jurisdiction, and above this amount, the district court has jurisdiction. The local jurisdiction is determined according to the residence of the debtor.
Required Documents for Recognition of a Foreign Judgment in Israel
Now, let’s take a look at the documents required for recognition of a foreign judgment. It is necessary to apply to the competent court for recognition of a foreign judgment, specifying the value of the amount awarded by the judgment plus interest in the local currency. The application must be accompanied by a copy of the final judgment (with the validation “apostille”) along with a Hebrew translation. The translation of the judgment must be certified by an Israeli notary; translations certified by certified translators in foreign countries are not accepted.
In addition, the application must be supported by a legal opinion in foreign law (confirming that the recognized judgment was issued by a competent judicial authority in the foreign country and in accordance with the material and local jurisdiction, local foreign law, and is final and enforceable, and that judgments of Israeli courts in the foreign court are also subject to recognition) and a statement by the plaintiff as to the circumstances justifying recognition of the judgment.
The debtor has the right to object to the motion within 60 days from the date of service of the motion. The court takes evidence and decides in open session. The subject of examination by the local court is only the circumstances justifying recognition of the foreign judgment, and not the reasonableness of the foreign court’s decision on the merits of the case. If an evidentiary hearing is conducted, the presence of the applicant at the hearing and his testimony as to the circumstances justifying the application are required.
Enforcing a Foreign Court Judgment in Israel
Once a judgment is recognized, enforcement proceedings can be initiated before the local enforcement authority, which is a department of the court, not a bailiff as in foreign countries. Enforcement actions are taken by an attorney representing the creditor. Fees must be submitted to the court department for the enforcement actions taken.
Cost Considerations for Enforcing a Foreign Judgment in Israel
Costs involved in the procedure include a fixed court entry fee of 1,179 ILS for proceedings for recognition of a judgment, 1% of the amount awarded for initiation of enforcement proceedings, and the costs of notarization of the translation of the judgment according to the applicable rates (based on the number of words in the text).
Benefits of Hiring a Law Firm to Handle Recognition and Enforcement of Foreign Judgments in Israel
At our law firm, we handle cases of recognition of foreign judgments and their enforcement. We provide legal opinions on foreign law and notarial translations, and our fees are determined individually with each client. With the help of an experienced lawyer, the process of enforcing a foreign court judgment in Israel can be smooth and straightforward.
In conclusion, bringing a foreign court judgment to enforcement in Israel requires recognition by an Israeli court and adherence to a specific set of guidelines. While the process may seem complicated, it is necessary for ensuring that foreign judgments are enforced fairly and justly in Israel. By working with a reputable law firm, you can navigate the process with confidence and ease.
If you have any questions about the procedure for enforcing a foreign court judgment in Israel, don’t hesitate to contact us. Our team of experienced lawyers is here to help you every step of the way.