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Submitting A Temporary Injunction For Placing A Lien In Israel

Submitting A Temporary Injunction For Placing A Lien In Israel

Shalom my name is Michael Decker and I'm a lawyer within the offices of Cohen Deker Pex and Brosh Today I wanted to discuss. The matter of submitting a temporary injunction. To place a lien. On. Defendants property in a civil lawsuit. This procedure. For a. Temporary. Injunction to place a lien on a defendant assets is in my opinion one of the most important procedures in the whole civil. Procedures because just as in every business plan someone that invests time and money. Wants to make sure he is not left empty handed. In the end the day the same goes for a civil lawsuit because even if you have a very strong case and you submit a really good lawsuit and you do a really great job in the trial and in the end of the day you have a verdict saying that the defendant owes you money. If the defendant has no assets and you didnt freeze the assets and he managed to eliminate all his assets then you might be stuck with a verdict that you can basically put in a nice frame and place on your wall but you won't be able to implement it in anyway. And because of this in my opinion the procedure for submitting temporary liens on an account of a defendant is one of the most important procedures. So what is this temporary lien. In essence. In essence it is a request to to freeze all transactions in. Assets. Which can be property. Vehicles. Pension accounts. Savings accounts in the bank. And basically because. We are dealing with a lawsuit and because we're dealing with. Claims that might be rejected even by the courts and with. Significant damage it might be caused to the defendant in order to obtain such a verdict. The civil. Procedure procedure regulations basically state that the.  Plaintiff must submit an affidavit supporting all his claims. You must submit a personal obligation whereby he obligates two. To compensate the defendant for any damage that might be caused by the placement of these liens. And also he will need to submit an actual bank garentee which is actual money. At the court so that if his lawsuit is in the end rejected the defendant will be able to be compensated for the damages caused. By these liens. So. After the liens are submitted in order to submit them and once you have an order for these liens. If you obtain it you'll need to submit this order to all the relevant authorities that are responsible for and control the control of these assets for example the land registrar will be the relevant government office to submit the lien order for property real estate. The Ministry of Transportation will be the relevant government authority to place a lean on a vehicle. The banks would be the relevant authority to place a lien on various savings accounts accounts. Insurance companies would be the relevant companies to put on pension accounts and so on and so forth. In addition it's important to note. The nature of this lien because we're dealing with a defendant. Who will receive a lawsuit and this lawsuit wasn't even yet proven. It is much more difficult to put a lien on actual. General ongoing accounts which the defendant needs to live with. And it's much easier to put a lien on the savings accounts and assets that. Can't quickly be liquidated. Also the question of the validity of the lien comes into effect and the relevant court precedents determined that such liens are only good for actual property that you froze at the Time you submitted a request for the liene and it's not. Applicable on future assets that the defendant will. Obtain. As is the case with the permanent lien So after the lawsuit is submitted and if Lien order a temporary injunction for a lien is granted and if the plaintiff wins the lawsuit you basically can now implement the decision he has and actually get money. For the lawsuit that he won and in order to do that he will need to ask for the temporary leave to turn into a permanent lien via the collection agency. Our office has much experience in such matters and we'll be happy to assist you and to represent you. And you can feel free to contact us with any questions or clarifications regarding this matter. Thank you very much. 


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