Frequently Asked Questions.

Questions and Answers – Unsure where to begin? We have compiled the most common questions for your convenience. This page will continue to be updated over time; however, more comprehensive information can be found on our articles page.

May I review the complaint before payment?

The claim form will be available for viewing only after payment has been processed and the credit card company confirms successful transaction. However, user responses to the questionnaire will be viewable and editable prior to payment. The claim form will be provided as a Word document and may be freely edited after download.

What is the Small Claims Court?

This is the Small Claims Court, a division of the Magistrate’s Court. It was established to provide individuals in Israel with an efficient, swift, and cost-effective means of resolving minor disputes, as compared to the standard Magistrate’s Court procedure.

List of consumer breaches requiring a notice letter as a condition precedent to a claim for compensation without proof of damage.

What Constitutes a Consumer Violation Requiring a Letter of Demand Before a Damages Claim?

  • The consumer sought a product return (not due to defect) per the return policy, and the business refused to return the full amount paid (provided the product’s condition was not worsened).
  • A discrepancy existed between the product’s marked price and the checkout price, and the business rejected the consumer’s request to pay the marked price.
  • The consumer requested but the business failed to repair a product defect within the warranty period.
  • The business misled the consumer regarding the delivery location, and despite the consumer’s subsequent request for delivery to a specific location, the business failed to deliver the product/service to the agreed-upon location.
  • In a fixed-term contract – despite the consumer’s request to cease payments, the business continued billing after the contract or commitment ended, or failed to provide the consumer with proper notification regarding the termination.
  • In an ongoing contract – the consumer requested the business to stop billing, but the business continued to charge.
  • In an ongoing contract – the consumer claimed the business overcharged, and the business did not return the full refund amount as per Section 13d1 of the Consumer Protection Law (including indexation, interest, consumer expenses, etc.).
  • In a transaction involving payment to a business for regulated goods or services, a fee was charged despite the consumer’s request not to be charged.
  • A peddling agreement was cancelled, and the business did not return what it received under the agreement, despite the consumer’s request.
  • A remote sales agreement or a vacation unit purchase agreement was cancelled, and the business did not return the pro-rata amount as stipulated by law or did not cancel the charge as requested.
  • A medical services agreement was cancelled, and the business did not return the pro-rata amount as stipulated by law or did not cancel the charge as requested.
Is there a limit to the number of small claims actions that may be filed?

There is a limit to the number of small claims that an individual may file. A person may file a maximum of five small claims in the same court during a single calendar year.

For example: Between January 1, 2021 and December 31, 2021, an individual may file only up to five small claims in the Kfar Saba Small Claims Court.

However, this does not prevent that same individual from filing five small claims in the Netanya Small Claims Court, five in the Haifa Small Claims Court, and so on, within the same year.

This limitation applies only to small claims court cases. The restriction does not limit the number of “regular” claims an individual may file in various courts (e.g., District Court, Family Court, Labor Court).

May a small claims action be filed against any individual in the small claims court?

Not all claims can be filed in Small Claims Court. Certain courts have exclusive jurisdiction over disputes between specific parties or concerning specific matters (for example, financial claims between employee and employer are generally heard in the Regional/National Labor Court; financial claims between spouses (current or former) are heard in the Family Court; and the list goes on).

The complaint was not received via email. To whom should inquiries be directed?

The complaint is available for download at any time in your personal area. Additionally, please check your spam folder for an email notification. If neither of these options proves helpful, please review the “How it Works” page on our website and, of course, you may contact us directly.

Remote Sales Transactions- Transactions without physical contact between the consumer and the business.

Remote Sales Transactions- A transaction where the consumer lacks the opportunity to genuinely examine the purchased product. Therefore, the consumer relies solely on the trader’s advertisements through various means (telephone, advertisements, etc.).

Due to the potential discrepancy between advertisements and the actual product/service, special rules overriding standard transaction cancellation regulations have been established.

The cancellation method depends on the transaction type (whether property or service was purchased):

Property Purchase Transaction: From the date of the transaction up to 14 days from the date of receipt of the property or the date of receipt of a “Disclosure Statement” from the trader, whichever is later. This Disclosure Statement is a written document provided by the trader and includes the following details:

  • The name, identification number (for a company- business registration number) and address of the business in Israel and abroad
  • The main characteristics of the property
  • The price of the property
  • The payment terms of the transaction
  • The manner in which the consumer is entitled to cancel the transaction
  • The manufacturer’s name and country of origin of the property
  • Information on the warranty for the property
  • Additional terms and conditions applicable to the transaction

 

Service Purchase Transaction:

Within 14 days from the date of the transaction or the date of receipt of a “Disclosure Statement” from the trader, whichever is later.

For ongoing service purchase transactions, the right of cancellation applies whether or not the service has commenced.

For a one-time transaction, cancellation can be made at least two (non-holiday) days prior to the scheduled service provision date.

What documents are required to file a small claims action?

To initiate a small claims action, the plaintiff must submit a statement of claim. This statement must include all relevant and material facts to support the claim, along with any supporting documentation.

How many judges will preside over my case?

A single judge will preside over the case, assigned at the court’s discretion (not at the parties’ choosing).

Group 4: Cosmetic and aesthetic services (including hair removal); vacation units, discount club memberships or subscriptions, communications companies; fitness or health club (spa) memberships, internet providers, television companies, mobile radio services, dating and matchmaking club memberships/subscriptions, lottery and gambling subscriptions.

Further transactions eligible for cancellation include: cosmetic and aesthetic services (including hair removal); vacation units, club memberships or discount club memberships, communication services; fitness or health club (spa) memberships, internet providers, television companies, mobile radio services, dating or matchmaking club memberships/subscriptions, lottery and gambling subscriptions.

The transaction may be cancelled within 14 days, commencing from one of the following dates (depending on the method of communication):

  1. The date of the transaction;
  2. The date a written contract was provided to the consumer;
  3. The date a written document (akin to a “disclosure”) was provided to the consumer, including the following details:
  • The consumer’s right to cancel an ongoing transaction;
  • Details of payments the consumer must pay in the event of cancellation (if any) and the method of calculating such payments (if determined);
  • For a fixed-term transaction – the duration of the transaction and its end date.

The right to cancel shall apply within the aforementioned 14 days, regardless of whether the service has commenced or not, even if the transaction is for a fixed term.

Note: If it is an ongoing transaction that has commenced, the consumer must pay the proportional consideration for the use of the service.

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This page was translated using AI technology. While efforts were made to ensure accuracy, some nuances may vary from the original.

This article was translated using AI technology.

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