How to Deal with an Exit Delay Order from Israel
An Exit Delay Order from Israel prevents Israelis from leaving the country for work, health, family visits, religious purposes, or even for recreation and leisure. It also infringes on freedom of movement, which is guaranteed in the Basic Law of Human Dignity and Liberty.
What happens if you are served with an Exit Delay Order from Israel? You certainly cannot leave the country. Should you enter Israel from abroad, you probably won’t be able to leave again, even if your primary residence isn’t in Israel.
What can be done to override or cancel a stay of exit order? In this article, Attorney Odelia Meshulami from the office of Cohen, Decker, Pex & Brosh will deal with these topics.
How Can an Exit Delay Order from Israel be Rescinded?
An exit delay can result from a few possible reasons. These can range from a writ of execution in progress, debt with the Fines Collection Center, or even criminal and civil proceedings filed against you.
If you are unsure if there is an exit delay order enacted against you, you should check with the Population and Immigration Authority’s system. They can be reached by dialing *3450 from within Israel. You will be required to provide your ID number and your passport information.
If there is indeed an exit delay order against you, the Population Authority representative may help you find out what caused the order. Thus, once you locate the source of the debt you can take care of it.
Exit Delay Resulting from Debt in a Writ of Execution Case
If the order preventing departure from Israel stems from a debt in a writ of execution case, there are several ways to handle it.
You can pay off the debt and close the case, possibly by acquiring funds from friends and\or family members. That is the preferred course of action, as debts from writ of execution cases can grow rapidly. Within a year you will find that the debt has grown significantly.
After the case is closed, all the restrictions are removed – this includes the exit delay restriction from Israel.
If you are unable to pay off the full debt, it is possible to settle the debt in installments by submitting a request for a Payment Order. You can also make an arrangement directly with the creditor. After settling the debt in payment installments, a request to rescind the Exit Delay Order can be submitted. In the request, you will be required to explain your reason for leaving the country, indicate your destination, and how long you wish to be gone. Additionally, you will have to attach an affidavit, certified by an attorney, confirming the facts in the request are true.
After the request has been submitted, the registrar of the Law Enforcement and Collection System Authority will determine whether or not to rescind the exit delay, based on which conditions (if any). It is advisable to indicate in the body of the request which guarantees you can offer.
The guarantees that are required are most often in terms of liquid funds. Either a bank guarantee or a cash deposit guarantee for the full or partial amount of the debt could be requested. Two guarantors who pledge to repay the debt in the event that the debtor does not return to Israel may also be required.
In the event that guarantors are required, then surety bonds signed by the guarantors will have to be attached to the application, along with 3 recent pay stubs. In addition, you will need scanned copies of the guarantors’ ID cards.
Important to Know:
The guarantors will only be able to leave the country after the debtor returns to Israel.
It is generally required that the guarantors have a salary or earning capacity of at least ₪ 6,000 per month. Additionally, it is required that no writ of execution or bankruptcy proceedings are being carried out against them.
If the travel is for vacation or recreation, it is advisable to bring proof that a third party is paying the travel expenses, especially if the debtor is arguing that they have limited financial means. This is so as to prevent a claim that the travel is an unnecessary expense and that it would be better to use those funds to repay the debt.
When traveling for vacation or recreation, the debtor will sometimes be asked to deposit a one-time cash sum into the writ of execution file. They may also be asked to raise the amount in monthly payments that they are paying. This is because the vacation or recreational travel may indicate that the debtor has a higher financial capacity.
The Chances of the Application Being Received and Rescinding the Exit Delay Order
Officials from the Law Enforcement and Collection System Authority tend to permit the debtor to leave the country as long as the debtor demonstrates a willingness and seriousness to meet the monthly payments. Thus, it is recommended to pay a few of the monthly payments prior to submitting the request.
There is also a tendency to permit the debtor to leave the country for essential needs. These are defined as: work, health, family visits, and so on. The chances are lower when it comes to vacation and recreational travel. Accordingly, leaving the country for leisure purposes will be possible only under much more stringent requirements.
In addition to these considerations, there is also the matter of: the debtor’s behavior during the process, his payment dependability, his family, personal, financial, and health status, etc. Each case must be examined and ruled upon based on its own individual circumstances.
Rescinding an Exit Delay Order — Legal Assistance
Are you interested in rescinding an Exit Delay Order that was enacted against you? You are more than welcome to come to our office to receive legal guidance. We will accompany you throughout all the stages of submitting the request, up until receipt of the decision that you may leave the country. Call us in order to set up a meeting with a writ of execution and bankruptcy lawyer in Jerusalem or Petach Tikva.