Fast-Track Civil Case (TA"M) 57673-11-15; TA"M 57713-11-15

This proceeding concerned a dispute between landlords and their tenants, over payments allegedly unpaid for electricity and water. The landlord, in whose name the accounts were registered, refrained from demanding the payments for many years, and did not even allow the tenants to pay them, despite their repeated requests. Only after a long period was a claim filed against the tenants, demanding significantly high amounts.

The original legal proceeding, which had been handled by a different firm, ended in a surprising way: a consent judgment was issued in settlement, without the tenants' knowledge and without their consent. This judgment accepted the claim against them almost in full, leaving them facing a heavy debt and a harsh sense of injustice.

Immediately upon receiving the judgment, the tenants turned to the Ofir Omer, Adv. law firm. We immediately identified the substantial flaws in the proceeding and the violation of the tenants' basic right to "their day in court." We chose a strategy of filing a motion to set aside the judgment, based on solid legal grounds. We argued that the tenants' former counsel's consent to the settlement was given without authority, since the tenants did not know about the hearing and did not give their explicit consent to the settlement. In addition, we emphasized the procedural flaw in that the judgment was issued without their appearance, contrary to the court's decision and the requirements of the regulations.

The motion to set aside the judgment was supported by extensive case law and legal articles, which clarified when a court will intervene in a judgment given by consent, particularly in cases of an extreme deviation from principles of justice. We presented substantive defense arguments that had not been heard in the original proceeding, such as bad faith on the landlord's part in inflating the debt, excessive payment demands, and a significant delay argument, according to which the landlord had abandoned his right of action for years.

The professional management of the case, relying on extensive legal knowledge and strategic choices, led to the original judgment being set aside. This is a significant achievement, since setting aside a consent judgment is a rare step. Following the annulment, renewed negotiations opened, leading to a new settlement and a significant reduction of the debt imposed on the tenants.

But the handling did not end there. Our firm went on to conduct an additional legal proceeding, this time regarding professional negligence against the law firm that had represented the tenants in the original proceeding. This proceeding led to a refund of the legal fees paid by the tenants, thereby completing the legal handling of the case.

This case clearly and sharply illustrates the power of the right legal strategy, an in-depth understanding of the law, and the ability to manage a complex proceeding. Our firm is committed to giving our clients the best possible representation, fighting for their rights, and achieving the desired results for them, even in situations that appear hopeless.

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