Introduction:
Imagine a society where laws and regulations are respected not because of the consequences of breaking or breaching them, but because citizens believe these laws and regulations, made by man, were no less than “sacred.”
Have you heard about Medinat Hok (which, in English, translates loosely as “State of Law”)? This is the nonsense some people — including many in the judiciary — believe the State of Israel is supposed to be.
Sure… they believe it, but only if it suits them. For many, Medinat Hok is a must… an essential. However, when a specific law isn’t to their taste, they are the first to call it “unlawful.” We have become the masters of hypocrisy.
After 65 years of existence as a sovereign state, we are still uncertain regarding what kind of legal system we want in Israel. We are still in complete disagreement as to whether a constitution should be written and put into effect.
For every opinion, there is a divergent one; and for each of the latter, there are many opposing ones. This is called the “Jewish Syndrome.”
Some Questions:
New immigrants often ask me questions such as “Do I have the right to such and such?” or “What are my rights regarding this-or-that issue?” My answer is always the same: Maybe you do have the legal rights, but the only real and relevant question is if you can exercise them in a specific case.
Labor Disputes
If you worked at any given period of time for a company (or for an individual), but at the end of that period were not paid because the company was insolvent (i.e., has no cash or property, but has debts), or your boss as an individual went bankrupt (Chapter 11), do you still have rights? Are you entitled to receive payment for your good and hard work?
Unpaid Rental
If you own an apartment that you rent out (or are sharing with roommates, or are subletting) and are not paid — because your tenant is deep in debt, or went bankrupt, or even left the country without notice — are you still entitled to be paid the full rent or to receive your share of the rent?
Car Accident
Let’s say you are not insured and — when driving in the settlements — your car is hit and damaged by a Palestinian car. If the driver doesn’t stop, or speeds away from the scene, can you sue the Palestinian driver or his insurance company (if he ever bothered to buy insurance)?
Libel — Bad-mouthing
If someone is bad-mouthing you under a fake name, leaving no digital trace, can you sue that person? Can you go to the police and complain? Can you expect the police to find that person for you?
Some Answers:
The answer to all of the above is, Yes, of course, you can. But, you shouldn’t even bother: From a practical point of view, you will be wasting your time and money.
Labor Disputes
The police do not get involved in any civil dispute whatsoever — not even in a case where a check has bounced for any amount of money, small or huge.
Even if the labor court concedes a decision in your favor, you will still be unable to collect from that person, your boss or company. Therefore, you may find yourself wasting money on court fees or lawyers, etc., but without collecting a dime.
Unpaid Rent
Even if you are able to sue the tenant or your roommate, you will still be in a vulnerable position, where you have the judge’s decision — a final court decision — but nobody to pay for it.
Car Accident
In cases such as the example above, I strongly suggest you just cut your losses; the chances of collecting anything from anyone will be almost zero and the costs will be huge. It is probably not worth it.
Consult a lawyer, and if he gives you free advice to drop the case — trust him.
