Delay in leaving the country - Enforcement and Collection Authority

DELAY IN LEAVING THE COUNTRY - ENFORCEMENT AND COLLECTION AUTHORITY
As part of managing a portfolio in execution in respect of a debt, many restrictions may apply to the debtor. From movables, bank accounts, and assets to restrictions and even actual imprisonment, the range of operations is quite wide. One of the surprising and frustrating steps that the Enforcement and Collection Authority may impose on you is to delay you from leaving the country. In some cases, when there is a reasonable suspicion that the debtor will try to leave the country to avoid disrupting his debt, an order will be issued which will prevent him from leaving the borders of the state. If you have been informed that a restraining order has been issued against you, it is important to deal with it in professional measures. An attorney who specializes in the field of OT will be able to guide you through the process and help you remove the restriction.
WHEN MAY THIS RESTRICTION APPLY?
The Enforcement and Collection Authority may issue this order at any stage in the process of managing your case as long as the suspicion arises that the debtor may leave the country to evade the debt. The order usually comes out after the proceedings have begun and the debtor does not act in any way to repay his debt or commit to one payment order or another. However, in many cases it is disclosed to the debtor that a case has been opened with the Authority for Enforcement and Collection about his debts only when he is informed of the issuance of a restraining order. In these respects, this order may be a catalyst that will motivate the debtor to start handling the case and reach a settlement.
HOW LONG WILL THE ORDER APPLY?
The order is valid for only one year, unless it is an order issued for a debt on alimony payments. In this case, there will be no restriction on the validity of the order and it may continue until the debt is repaid.
HOW CAN AN APPEAL BE ISSUED AGAINST A RESTRAINING ORDER?
There are a number of main ways to file an appeal for a restraining order. The most important thing to remember is that the right to appeal does not exist automatically in every case and there are cases where the appeal will be conditional on obtaining leave to appeal.
In any case related to family law, such as alimony or debt arrangements under a divorce agreement, the right to appeal will be automatic. In many cases, the right to appeal will be granted automatically even when the debtor is limited in means and even when he has evaded interfering with his debts. In order to find out beyond any doubt that the right to appeal is automatic in your case, it is important to consult a professional in the field and get all the legal information to ensure that your request for appeal is granted.
PERMISSION TO APPEAL
If an application for leave to appeal is required in order to appeal the order delaying departure from the country, it must be submitted to the district court at the debtor's place of residence. To ensure that the application is well worded and meets all the relevant requirements and regulations, it is advisable to draft it accompanied by an Israeli lawyer who specializes in the field and has experience in filing such appeals.
WHAT ELSE IS WORTH KNOWING?
Filing an appeal does not constitute a delay in proceedings. In order to delay the issuance of the order, a request for a stay of proceedings must be attached to the request for appeal to the Registrar of the Enforcement and Collection Authority or directly to the court together with the request for leave to appeal.
EXECUTION CASES REQUIRE SERIOUS CONSIDERATION
Debt management in a responsible and proper manner will allow you to avoid many inconveniences. There is no doubt that legal aid will help you deal with restrictions against you, including delaying departure. But more importantly, timely legal aid will allow you to settle your debt even earlier without getting into these situations in the first place. Therefore, in order to manage your debt well, you should contact attorney Shimon Hahn immediately.
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