Car repossession in writ of execution law firm

In writ of execution proceedings, a creditor may file a request for the debtor to receive various foreclosures, including car repossession. The current article briefly explains about the option of repossessing a debtor’s vehicle and under what circumstances this is possible.

There are cases where debtors do not act in accordance with the instructions of the registrar. Among the other problematic conduct, debtors may fail to provide documents or information, fail to appear for hearings or capacity investigations, or fail to comply with a payment order. In such cases, various foreclosures may be imposed which will force the debtor to obey the instructions of the Execution Office registrar and pay the debt.

One type of foreclosure that may be imposed on debtors is vehicle repossession, which is carried out by registering the foreclosure with the State licensing bureau through a designated form that must be submitted to the Execution Office registrar. From the moment the foreclosure is imposed, the debtor will not be able to sell their vehicle or transfer it to a third party. If the debt is not settled within the period of time prescribed by law, the Execution Office registrar may order the sale of the foreclosed vehicle so that the money from the sale may be used to repay the debt.

How to File a Request for Vehicle Foreclosure

The request for vehicle foreclosure must be submitted to the branch of the Execution Office where the case is being handled.
In the request, the full details of the debtor must be specified, including the vehicle license plate number and any other identification details pertaining to the debtor’s vehicle.
After submitting the request, a warning must be sent to the debtor regarding the repossession of their vehicle.
From the moment the warning is sent to the debtor, they are given 20 days to repay their debt or to take any action under the law to prevent the repossession.
After 20 days, if the debtor chooses not to take any action as aforesaid, the application is re-examined by the Execution Office registrar, who then decides whether or not to impose foreclosure of the debtor’s vehicle.

Request to Cancel Foreclosure

If the Execution Office registrar finds it appropriate to impose a foreclosure on the debtor’s vehicle, the debtor has the option of paying the debt within the designated period of time before their vehicle is put on sale. Alternatively, the debtor may file a request to cancel the foreclosure. This request must include a detailed explanation specifying the reasons why the foreclosure should be cancelled.

One of the reasons justifying cancellation of the foreclosure is if the debtor needs the vehicle for their work; for example, if the debtor is a taxi driver.

Lawyer Assistance in Requesting Vehicle Foreclosure

As described above, there are various means to collect debts through the Writ of Execution, and one of the most effective ones is imposing vehicle foreclosure. After imposing the foreclosure, the creditor is responsible to make sure that, if the debtor does not settle the debt within the designated time, the debtor’s vehicle will be repossessed and sold. The debtor is also entitled to defend themselves and file a request to cancel the foreclosure in various circumstances. Whether you are creditors or debtors, we recommend that you use the help of a lawyer who is experienced in writ of execution, so that the lawyer will assist you to the best of their ability in exercising all your rights.

Contact lawyer Odelia Meshulami, who specializes in writ of execution and works at our law firm in Tel Aviv and Jerusalem. We will be happy to schedule an appointment with you and help cancel repossession of your car or provide assistance with any other issue you may have concerning bankruptcy proceedings.