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ISRAEL: War hero Moti Ashkenazi+76 others versus the medieval debtors' courts

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Captain Moti Ashkenazi, commander of the only bunker on the Suez canal that stood through the Egyptian assault in 1973.
Captain Moti Ashkenazi, commander of the only bunker on the Suez canal that stood through the Egyptian assault in 1973.
(Image by State of Israel)
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Occupy Tel Aviv, February 24 - in Moti Ashkenazi+76 others v the Minister of Justice and Director of the Enforcement and Collection Authority  (2300/11), war-hero Ashkenazi petitioned the High Court of Justice to stop large-scale fraud by the banks, the courts, and the legal profession in the Israeli  debtors' courts. The Israeli debtors' courts are managed as administrative courts under the State Justice Department. According to new procedures, arbitrarily adopted by the debtors' courts, no decision, which is longer than 17 lines, is served on the debtors. At the same time, attorneys for the debt-holders continue to receive electronic notice and service uninterrupted. 

In the debtors' courts 

As part of the new procedures, the debtors' courts send notice to the debtors that the decisions could be inspected and copied in the debtors' courts. 

Yoel Susman, former Presiding Justice of the Israeli Supreme Court (1976-1980), in his major tome "Civil Court Procedures", explicitly states that inspection and/or copying of decisions in the court does not constitute valid service. Likewise, requiring defendant in a civil process to come to court to inspect and copy court decisions would not be considered Due Process service in other courts, which originate in the English common law.

Susman also states that court decisions that were not duly served are unenforceable.  

Although the latest 17-line-limit procedure of the debtors' courts is uniquely absurd, the debtors' courts in general should be viewed as enormous fraud on the Israeli people. These courts are authorized to deprive individuals of the liberty and property, as well as other rights, such as the right to travel.

And yet, these courts are conducted out of compliance with the fundamentals of Due Process:

  • The debtors' courts operate with no offices of the clerk, while the Israeli courts themselves ruled that a court with no lawful office of the clerk is an incompetent court;

  • Unauthorized, uncertified banking records that state inflated debts are routinely admitted as evidence;

  • Unlawful usurious interest tables are used, while the debtors' courts keep the interest tables confidential;

  • Properties -- typically, residences, are levied well in excess of the debt;

  • Excess funds from the sale of levied properties are unlawfully withheld.

Petition in the High Court of Justice 

In the High Court of Justice, Ashkenazi and his co-petitioners found only more of the same... 

The Ashkenazi petition has been subjected to simulated, fraudulent process for almost 3 years now through a series of false registrations in th e electronic-record systems of the Court, where there also is no lawful Office of the Clerk any longer, either. 

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Dr Zernik's core research pertains to e-government and its significance for Human Rights and Civil Society.

His work won appreciation in Israel and abroad: * Prof Uzzi Ornan - "All power to you! I hope that you see your tremendous efforts (more...)
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