Writ of Execution stay of exit order

How Can You Check If You Have a Stay of Exit Order, and How Can You Cancel a Court Order Preventing You from Leaving Israel?

A stay of exit order prevents Israelis with debts or obligations in Israel from leaving the country. For many people, an Exit Delay order is an unpleasant surprise that destroys the family vacation or business trip at the last minute. How can you check if you have such an order and whether it is possible to cancel the order or leave Israel despite the order? In this article, lawyer Michael Decker from our law firm explains what to do if you are prevented from leaving Israel.

What Is a Stay of Exit Order?

A stay of exit order is received from the Writ of Execution or court, in order to ensure that a person will not be able to leave Israel and thus evade legal proceedings against him. The order is physically carried out upon presentation of the passport at the airport or border crossing.

By law, upon issuance of the order, a notice must be sent by registered mail to the debtor. However, in case of concern, it is possible and recommended to check whether there is a stay of exit order by calling 02-6294666 extension 2> 1> 3> 4 or through this link.

Against Whom May an Exit Delay Order Be Issued?

Various bodies in Israel issue Exit Delay orders. The most common type of orders is issued by the Writ of Execution due to debts, but the various courts also issue stay of exit orders, as does the IDF against deserters who are suspected of evading initial or reserve military service.

The Writ of Execution registrar may issue the order against any person against whom enforcement proceedings have been instituted. An exit stay order may be issued at the request of the creditor or due to the registrar’s fear that the debtor will flee abroad. The purpose of the order is to ensure that the debtor does not leave Israel before repaying his debt (or arranging a future debt-repayment procedure to the satisfaction of the creditor). A debtor who has filed for bankruptcy receives a stay of exit order automatically.

Family courts and rabbinical courts sometimes issue Exit Delay orders to ensure that one of the parties in a divorce proceeding will not be able to leave Israel before the divorce is settled. This prevents one of the parties from “kidnapping” the children without the other party’s consent, making his wife an agunah (unable to remarry according to Jewish law, since she is still considered to be married), or evading payment of alimony before the expected payment decision has been made.

A plaintiff in a civil lawsuit may try to convince the court that there is a reasonable suspicion that the defendant will flee abroad to evade the lawsuit and, therefore, an Exit Delay order should be issued against him. However, in such cases it is more common to issue a temporary foreclosure order.

How Do I Temporarily Cancel an Exit Delay Order?

To permanently cancel an Exit Delay order, the debt must be repaid or a repayment procedure arranged with the creditor. However, it is possible to temporarily cancel the order, either on a one-time basis or for a certain period. A request for this must be submitted to the Writ of Execution registrar or the court at least 14 days before going abroad (except for emergencies / mental supervision). The request must state in detail the reasons why the debtor must leave Israel without delay, even before dealing with the reason for the Exit Delay order (e.g., a business meeting, a family emergency, etc.).

To the request for temporary cancelation of the stay of exit order it is important to attach a detailed schedule of the planned travel, and offer to deposit a financial guarantee or a guarantor affidavit (requiring the guarantors to pay the debt if the debtor does not meet the conditions allowing him to go abroad). Additional documents must also be attached – an affidavit of the case facts, a photocopy of the ID card, documents confirming the debtor’s claims (for example, confirmation of the business meeting). It is also recommended to attach to the request a letter of guarantee and / or the last three pay slips of the guarantors, a confirmation of the absence of writs of execution against the guarantors, and a copy of the guarantors’ ID cards (including the appendixes).

On What Basis Is It Decided to Cancel a Stay of Exit Order?

The request for temporary cancellation of a stay of exit order is examined according to the details of each specific case. On one hand, the registrar or court must be convinced of the validity of the debtor’s claims that he must go abroad despite the restriction. On the other hand, if a deposit is required, the legal entity must be convinced that the guarantors are indeed able to pay the guarantee if necessary.

Contact our law firm, in Tel Aviv or Jerusalem, for legal assistance regarding the cancellation of a stay of exit order or any other application to the Israeli Ministry of Interior.