About a week ago, a huge fraud of the Oketz affair was exposed in the Haredi sector, amounting to tens of millions.
For many, this is just a headline. But unfortunately, as the days go by, there are hundreds of people who are slowly discovering the extent of the damage. Every day another person or lawyer contacts the 'stung', and asks for a ransom for the check in their hand.
In many cases, these are checks that were distributed and recorded in amounts ranging from NIS 20,000 to NIS 100,000. There are also people who gave the checks as a loan, without profit or as security and assistance, and were told that the check was not intended for redemption.
Those people who fell into the trap of giving out blank checks as security and not getting cash for them are now getting phone calls, and usually the first and most frustrating question is: "Did you get cash for the check?""
If the answer is "yes" - and the matter is recorded, the conversation will serve as evidence against that "stung" person.
The next step will be to submit the check for execution by execution.
And the troubling questions are:
Why do I have to defend myself and start a legal fight and deal with expensive legal defense expenses, when the check was given to a third party without consent and by theft?
Is it worth compromising with the check holder and paying the 'debt' in installments?
First, if the check was indeed stolen or given for non-encashment, you should go to the police and complain that a theft has been committed and provide the details you have. It is important to know: Even if it is a theft or a sting, people can, of course, sue you.
It is very possible that the person holding the check does not know that it is a problematic check, and is simply seeking to redeem the bill in his hand, in exchange for which he provided a product or service, or perhaps even cash.
There is no choice, you must act legally and not neglect it. You must file an objection to any such check that is submitted for execution at the Enforcement Office. It is very possible that at the end of the procedure, your position will be accepted and you will not be charged. Therefore, it is not worth jumping to compromises.
How does it work?
The procedure usually begins with execution, and if your objection to the execution of the bill is accepted, the hearing moves to court. If you receive a warning letter from a lawyer before that, try to talk to him and present him with references to the complaint you filed due to the theft of the checks.
It turns out that there is not much understanding and sensitivity towards people who have submitted protests, no matter how well-intentioned. If you don't stand up, you will have to pay.
Do not say that you received compensation when the truth is that you did not. Such a statement is to your detriment.
It is recommended to contact a lawyer and be careful and defend the substance of the matter with respect to any check presented for execution.
You may contact the Legal Aid Bureau, and based on income tests, they will appoint you a free lawyer.
If you do not meet the conditions of the Legal Aid Bureau, you can contact the Bar Association, which also provides assistance to the incapacitated.
• The above does not constitute legal advice and/or opinion. Each case must be examined on its own merits.
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