No Discussion, Only Writing
Almost every relationship counselor will advise against managing disputes via WhatsApp. The reason is simple: most of us struggle to convey messages completely in writing; and interpretation—especially during disagreements—can lead to devastating outcomes.
Despite this, one of the proposed legal amendments would grant the court broad authority to decide disputes based solely on submitted documents, i.e., without holding a hearing. If the court so decides, it may allow the parties to supplement their arguments, again in writing (up to two pages).
This is one of the amendments with the highest potential for harm. Small claims proceedings are conducted without lawyers. The task of drafting the statement of claim or defense falls on the litigants. However, many—especially the older generation—find it extremely difficult to convey their intended message in writing; and there is a high probability that while they might lose on paper, they would win after a hearing. Furthermore, Israelis need to talk, explain, and vent; only then do we reach closure. Without a hearing, we simply won’t feel complete.
Another crucial point: Small claims courts were established to assist ordinary citizens. It is not for nothing that corporations cannot file suits or appear with lawyers there. However, a significant portion of the Israeli population faces considerable difficulties with language and expression. So, while shifting to written submissions might reduce the court’s workload (and judges might be pleased), ordinary citizens will ultimately pay a heavy price.
Form for Form’s Sake
The current method for filing a small claims suit is demonstrably outdated. One must download a specific form (Form 1) from the internet, print it, fill it out by hand, print all documents, and submit them physically or via the judicial authorities’ website. The form itself is unclear (to put it mildly), offers very little space for explanation, and the fields to be filled are often irrelevant to the reason for the claim.
The Ministry of Justice apparently recognizes this and proposes abolishing the current forms (for statements of claim and defense). Herein lies the first flaw: the proposed amendment suggests that a claimant will complete a statement of claim not exceeding five pages, including the following details: (1) the place of the act or omission giving rise to the claim; (2) what the claimant seeks to obtain (amount of money or type of order); (3) the grounds for the claim; (4) a list of documents on which the claimant will rely; (5) a list of witnesses the claimant wishes to testify; and (6) whether the claimant has any impediment to conducting the hearing technologically.
In addition, the claimant will need to attach the documents on which they rely; a declaration that everything stated in the claim is true; and a declaration of the number of small claims filed by them this year. To assist, the Ministry of Justice stated that it will post sample statements of claim on its website from which claimants can draw inspiration.
Sharp-eyed readers will notice that essentially, one form has been replaced with another. Only this time, design it however you like, as long as all this information is included. By the way, the brave among you can try to file a small claims suit via the judicial authorities’ website, “Net Mishpat”. However, the system is extremely user-unfriendly; and it’s unlikely you’ll last more than three minutes before giving up.
In 2024, one would expect a high-tech nation to provide citizens with a user-friendly online platform where all details can be filled in and sent directly to the court. A platform that would also guide the user through the completion process with online tools, allow easy and organized attachment of documents, send the statement of claim to the defendant, and even direct users to relevant legislation.
