Written Disputes: A Risky Bet for Small Claims
Handling disputes solely in writing, like over WhatsApp, often fails. People struggle to convey messages fully in text. Misinterpretations, especially during arguments, can be devastating.
A proposed legal change could let courts decide cases only on submitted documents. This means no hearings. The court might allow more written arguments, up to two pages.
This amendment poses significant risks. Small claims courts operate without lawyers. Litigants draft their own claims and defenses. Many, especially older individuals, find written communication difficult. They might lose on paper but win in a hearing. Israelis also need to talk, explain, and vent for closure. Without a hearing, many will not feel complete.
Remember, small claims courts serve ordinary citizens. Corporations cannot file suits or use lawyers there for good reason. A large part of Israel’s population struggles with language and expression. Shifting to written submissions might ease the court’s burden, but citizens will pay a steep price.
Outdated Forms vs. Digital Solutions
The current small claims filing method is outdated. You download Form 1, print it, and fill it by hand. Documents are printed too. Then, you submit everything physically or via the judicial website. The form itself is unclear, offers little space, and often has irrelevant fields.
The Ministry of Justice recognizes this issue. They plan to abolish current forms. However, the proposed amendment suggests a new method: claimants write a statement of claim, up to five pages. It must include:
- Place of the act or omission.
- What the claimant seeks (money or order).
- Grounds for the claim.
- List of supporting documents.
- List of witnesses.
- Any impediment to a technological hearing.
Claimants also attach documents, a truth declaration, and a declaration of yearly small claims filed. The Ministry will provide sample statements online for guidance.
Essentially, one form is replaced by another. You just design it yourself, ensuring all required information is included. You can try filing via the “Net Mishpat” website, but it’s very complex. Most users give up quickly.
In 2024, a “high-tech nation” should offer better. Citizens need a user-friendly online platform. It should allow easy detail entry and direct submission. The platform should guide users, allow simple document attachment, send claims to defendants, and link to relevant laws.
