Cancelling cancelling car repossession civil law firm

In Israel, thousands of vehicles are repossessed every year, for various reasons. The question arises as to how to file a request that will start the process of cancelling car repossession. The answer to this question depends on several authorities, and mainly the authority responsible for the repossession order. The current article explains the complexity of this, presents the different types of repossessions possible, and discusses what can be done about each of them.

The lawyers at our firm in Jerusalem and Tel Aviv specialize in the laws of writ of execution and in the various branches of civil law. Our firm provides a comprehensive legal response to individuals and businesses on issues such as representing debtors before the courts and Execution Office branches, filing requests to stop repossession of vehicles, and filing requests to have one asset repossessed in place of another.

Was Your Car Repossessed? You Are Not Alone

The law in Israel allows repossessing assets in various cases, as part of debt-collection proceedings or in place of debt payment. Interestingly, in recent years, an increase in the number of repossessed vehicles has been reported. Why are vehicles the main type of asset that is repossessed? A possible explanation is the credit policy in Israel. As is well known, the Israeli market has been flooded with new vehicles, over the past years. Many individuals and companies purchase vehicles through loans from banks or from external credit companies. In cases where vehicle owners do not meet the payments, their vehicle may be subject to repossession.

In What Other Cases May a Vehicle Be Subject to Repossession?

Repossession by loan companies is just one type of repossession. There are also several other entities that are authorized to order repossession of vehicles. In fact, anyone to whom money is owned (a creditor) is generally entitled to apply to court or to the Execution Office branch and request to be allowed to temporarily or permanently repossess the debtors’ assets. Creditors may request an order allowing them to repossess several of the debtor’s assets, or specifically the debtor’s vehicle. Also, in some cases, administrative authorities, such as the tax authority and the municipalities, may order repossession of a vehicle due to tax debts to the authority.

What Can You Do About Vehicle Repossession?

Vehicle repossession is especially problematic in cases where the owners of the vehicle need it for their work or other important purposes. If your vehicle is in danger of being repossessed, you are probably worried and wondering if there is anything you can do about it. You should be aware that, in many cases, there is what to do, and you may file a request to stop the repossession of your vehicle. To understand what your options are, you must first understand what type of repossession was ordered. As explained above, the entities that are authorized to announce repossession of assets are courts, Execution Office officials, and administrative authorities (as part of debt-collection proceedings). Each of these types of repossession orders is subject to different rules and regulations.

Vehicle repossession ordered by the court may be temporary, and usually occurs as part of a financial civil lawsuit. The purpose of the repossession order, in these cases, is to ensure repayment of the debt, after which the vehicle will generally return to its owner. An attempt may be made to reach an agreement with the plaintiff even before the end of the lawsuit, leading to cancellation of the repossession order. Another option is to go to court and file a request for the order to be cancelled or for a different asset to be repossessed instead of the vehicle (such as depositing a sum of money into the court coffers). For an extended explanation of this option, see another article published on our firm’s website.

When the repossession order is part of writ of execution proceedings, the time factor is very important, since, unlike temporary repossession ordered by the court, in writ of execution proceedings the officer may order the sale of the vehicle. This may occur if the debtors do not repay the debt within the period of time stipulated by the law.

Here, too, the debtor may try to reach an arrangement with the creditors and spread out the payments in a way that will make it possible to repay the debt without having the property repossessed. It is also possible to file a request to stop the repossession, stating the reasons that prove repayment of the debt, in the debtors’ opinion. Our firm assists debtors in filing requests to stop repossession in writ of execution proceedings.

Repossession by the Authorities

Officials of local authorities and state authorities are competent, in certain cases of debts to the authorities (such as the tax authorities, municipalities, and local authorities) to order the repossession of a vehicle. This competency usually stems from the Tax Ordinance (Debt Collection) (or the Municipal Corporations Ordinance). Because the competent authority is not a judicial entity, the authority may make various mistakes that justify cancelling the repossession order. Therefore, you should consult a civil lawyer in such cases, who will be able to carefully examine your specific case and suggest ways to deal with it.

Contact a Lawyer Who Specializes in Writ of Execution and Civil Law

In conclusion, there are various ways to deal with vehicle repossession, but to take action, it is necessary to deeply understand the legal rules concerning repossession. For any individual question or assistance, you are welcome to contact us and a lawyer from our firm will be happy to help. Our law firm specializes in writ of execution and civil law. We have extensive experience in providing comprehensive legal solutions to debtors regarding repossession and how to deal with it.