What is this “ban”?
As you have probably already heard, it is legally possible to have a ban or “Tsav Ikuv Ietsia Min Haretz” in Hebrew on any citizen, prohibiting him from leaving Israel.
This is one of the most powerful legal tools used in Israel despite the extreme consequences it can have on a citizen, including hurting his basic freedom of movement provided by law.
Who can issue this ban?
The Family Court in a divorce case will almost always issue a ban on the children prohibiting them from leaving the country when one of the parents requests it. It is a simple procedure and the Judge will grant it on the spot even when only one side (one parent) is present at the hearing.
The reason a ban is issued so easily is because of the fear that one of the parents will take the children abroad and never return. This is especially true in a country with so many new immigrants from different countries.
When a husband refuses to give his wife the “Get”, a ban will be issued by the Rabbinic Court immediately.
When a father refuses to pay, or is late on, the monthly children’s support payment a ban will be issued.
In civil disputes such as a debt dispute in the “Otsaa La Foal” a ban will be issued if the lender asks the court to prevent the debtor from leaving the country. Sometimes a ban will be issued for a very small debt – as small as a few thousand shekels. This is because as soon as the debtor leaves the country, the lender will probably never see him again – he will lose his money.
A ban by Mistake
What happens if a ban is issued by mistake or just not cancelled when it should be cancelled by law but somehow wasn’t cancelled?
This was the case decided by the Honorable Judge Avishai Zevulon in the small claims court in Kyriat Gat ( 56332-03-11) on July 4th 2012.
Mr. and Mrs. Shneiderman sued the State of Israel – The Court Management (They sued only in March 2011, a few days before the end of the Statute of Limitations ended after 7 years) claiming that when they were to embark on an airplane at Ben Gurion Airport the border police stopped Mr. Shneiderman claiming he had a ban.
Mr. Shneiderman came prepared to the airport having the original court cancelation of the ban with him. In spite of the legal document, he was not allowed to embark – by mistake the cancelation did not show in the system.
Because Mr. Shneiderman could not embark, Mrs. Shneiderman did not embark either and they both missed the plane and lost the money they had paid for the tickets.
The Questions in Dispute
The first question concerned the compensation. The plaintiffs asked for the highest amount permitted by law for this kind of court (around 33,000 shekels) claiming their financial losses but mainly compensation for their pain and suffering. The Honorable Judged granted them only a total 7,200 shekels. This was more their financial losses, but much less of what was asked for their pain and suffering (“Ogmat Nefesh”).
The second question concerned the time elapsed between the episode and the lawsuit. The Honorable Judge disregarded all the defendant’s claims and found that the plaintiffs still had the legal right to sue even after so many years.
The third and most important question concerned the responsibility or more specifically: Who is responsible to cancel the ban? And are the plaintiffs to be held responsible as well?
The honorable Judge made it very clear in his decision that the defendants alone were responsible for the ban, therefore held sole responsibility for its cancelation in the system.
Who else can make a mistake?
If a ban was issued in the past but not cancelled, it might be a mistake made by the system or it could be a new file was opened against you or most probably – a result of malpractice by the lender or even the lender’s lawyers.
How can someone leave the country if he has a ban?
It is possible to do so by legal means. A debtor will have to provide guaranties and guarantors in order to leave the country. It is extremely hard to navigate the system, therefore you will need a lawyer to represent you in such a request.
A Word of Wisdom
Do you want to be right or do you want to embark on an airplane and have a great vacation?
We all can have at some point in our lives a financial problem and even a ban on leaving the country as a result. What we must do is be wise, smart and do some homework a few days before we are ready to go to that vacation or on a business trip.
You can check for free if you have a ban (you personally, but nobody else can do it for you) by calling the Ministry of Interior responsible for the bans in the system (*3450) from 8 am to 4 pm, Sunday to Thursday.
A Final Word
Almost every case I have represented in past was possible to be avoided if the person/the debtor came to me earlier. Don’t wait until it is too late.
If you know you have a debt and are having difficulties paying it, consult a lawyer before the case reaches the courts because it will be much harder to handle it after this happens.
