I received a warning from the Enforcement Office — what now?

What a warning is

A warning from the Enforcement and Collection Office is the official notice to a debtor that a file has been opened against them. It states who the creditor is, what the debt is, and the deadline by which the debtor must respond — pay, reach an arrangement, or raise claims.

Ignoring the warning does not make the file disappear: once the deadline stated in it has passed, the creditor may request collection measures — attachment of a bank account, salary or vehicle, and various restrictions.

First step: understand what type of file it is

Not every enforcement file is the same, and the options available to the debtor depend on its type:

• A file to enforce a judgment — the creditor won a court judgment and seeks to enforce it.
• A file to enforce a negotiable instrument — a cheque or promissory note that was not honoured.
• A liquidated-sum claim file — a claim for a defined amount, filed directly with the Enforcement Office.
• A maintenance file — a maintenance (child or spousal support) debt under a judgment or agreement.

The type of file determines which claims can be raised and how.

Second step: review the file before anything else

Before paying or agreeing to an arrangement, it is worth reviewing the file and checking:

• Whether the warning and documents were served lawfully
• Whether the debt, in whole or in part, has already been paid
• Whether the limitation period has expired
• Whether the amount claimed matches the judgment or the instrument

This review may change the whole picture.

The debtor's options

• Opposition to enforcement of an instrument — in an instrument file, the debtor may file an opposition within the time set by law. An opposition that is accepted transfers the dispute to a court for determination.
• "Paid" claim (Taanat Paraati) — where the debt was paid, cancelled or became time-barred, the Enforcement Registrar may be asked to rule that the debtor no longer owes it.
• Request for a payment order and means inquiry — a debtor who cannot pay the full debt at once may ask to spread it into instalments that match their ability to pay. The Registrar examines the debtor's income, expenses and assets.
• Consolidation of files — a debtor with several open files may, under the conditions set by law, ask to consolidate them into a single monthly payment.
• Cancelling or reducing restrictions — it is possible to ask for restrictions that were imposed, such as a travel ban or a driving-licence restriction, to be lifted, subject to conditions.
• Insolvency proceedings — where total debts are high and there is no realistic ability to repay, the Insolvency and Economic Rehabilitation Law, 5778-2018, allows opening a proceeding in which collection is stayed, the debtor's ability is examined, and at the end a discharge from the remaining debts may be granted. Not every debt is erased — maintenance debts, fines and certain other debts are not discharged by default (section 175 of the Law).

What not to do

• Do not ignore the warning. The deadline stated in it is short, and after it the creditor may take action.
• Do not sign a payment arrangement before the file has been reviewed.
• Do not give details to, or pay, anyone who calls on the creditor's behalf without verifying who they are.

What to bring to the meeting

• The warning and every document received from the Enforcement Office
• The judgment, instrument or agreement underlying the file, if any
• A summary printout of all your files from the Enforcement Office (available online)
• Income and expense documents: pay slips, bank statements