Have you been promised a quick debt settlement?

Note that they are not working on you

Debtors often come across publications that promise debt settlement in a quick procedure but are not aware of the complexity of the issue.

Attorney and notary Karin Berginsky, who specializes in settling debts and in particular debts of Israelis living abroad, explains how you can defend yourself against false promises

Hila Tzur Shinzi, co-legal zap

18/05/2022

Wednesday, May 18, 2022, 07:50

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Is it really possible to settle debts, easy and complex as they may be, in a quick procedure? (Photo: ShutterStock)

"Debt settlement within 24 hours", "Bankruptcy settlement within three days", "Complete debt write-off with the banks" - these are just some of the ads we found online, but is it really possible to settle debts, easy and complex as they may be, in a quick procedure?

"Many people find themselves, sometimes in good faith, as debtors, whether they have signed guarantees in the past or neglected a past debt that has swelled to enormous proportions," explains attorney Karin Berginsky, who specializes in settling debts and in particular debts of Israelis living abroad.

"Many debtors face various restrictions, including a ban on leaving the country. Moreover, there are cases where the debt is discovered while the debtor is abroad and the debtors refrain from coming to Israel for fear of imposing fines and sanctions that will restrict him.

Therefore, such debtors often turn to advertisers who promise quick debt settlements, without reference to the individual case of each and every person. "

It is important to understand, she says, "that long before the agreement reaches the legal system, it is important that it be an agreement signed by both parties. Great soul that also included a financial loss (fee of the person handling the debt and loss of valuable time, when in practice the desired result for writing off the debts or reducing them in the arrangement was not achieved. In other words: each case is examined individually, so Simple and in relation to complex debts. "

" There is a limit to the scope of this professional field, "says Adv. Berginsky. How common is

the

"Unfortunately, many people get into debt, this is a familiar phenomenon, whether they are residents of the country or non-residents. Sometimes there are those who leave the country and do not know that they may get into debt because they have signed guarantees in the past. "They were abroad and after the debtors stopped paying their debt. Out of their desperate situation, they may be tempted to make false publications, which have no legal basis, lose valuable time and even jeopardize the procedure."

What steps are needed to defend against false promises?

"First, expectations must be coordinated," Berginsky emphasizes.

"Make sure the lawyer who talks to you is attentive to you, studies the case thoroughly and avoids scattering far-reaching promises. Know that the debt settlement procedure is not a simple but complex procedure, especially when it comes to an old debt, accrued interest and linkages, or debts to several parties. Coordination The expectations based on mutual trust, openness and information sharing, will be good for you and will drive you to deal with the procedure. "

"A certain person assured you that you can be at the son's wedding within three days without fear of foreclosures and delays in leaving the country - this is a warning sign," warns Adv. Berginsky. A time of 24 hours, at least if you adjust to a fair and comprehensive agreement that regulates the wishes of the parties.

For these reasons, my recommendation is to give up the idea in advance and adjust to a longer procedure that is tailored to your individual case. "

Adv. Berginsky wonders:" Would you make a promise that does not depend only on you? I guess not, ", Including a complete write-off of debts to the banks, can not guarantee this, because in their promise they speak on behalf of the court or on behalf of the creditors.

"On the contrary, accelerating the process exerts pressure in an irrational way and creates real damage to the process and its outcome. It is a process that must be carried out in a considered and correct manner, when the lawyer knows how to conduct the negotiations. Negotiation, in the end, is the process And it needs to be done by a professional who is experienced in this. "

"Accelerating the process exerts pressure in an irrational way and creates real damage to the process and its result" (Photo: PR)

What does the debt settlement process for the country's residents and foreign residents include?

"The debt settlement process begins with an initial contract between the debtor and the lawyer, where a quality contract is based on the values ​​of mutual trust and open communication.

Advocate Berginsky emphasizes that the procedure is often done through video calls and therefore "gaining initial trust is the most significant milestone for a successful process

." It will not be possible to open the agreement.

It is important to make sure that all the obligations are included in the agreement in order to prevent its reopening, and therefore the drafting of the agreement also requires a distinct skill. "

Advocate Berginsky concludes: “I can testify that the agreements I have made dealing with individual debts have not been opened, they are final, and this is an explicit promise I give to my clients.

I do not compromise, every comma

and dot has a meaning that may be subject to interpretation, so it should not be taken lightly, just like drafting a will. "

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