Stays of Execution · Legal briefing

Security for a Stay of Execution

By Adv. Yechiel Rachamim Menahemov & Adv. Assaf ShpigelPublished:

The practical dilemma

The judgment creditor argues that your appeal only delays payment. Can alternative security address the concern?

The legal position

A court may condition a stay on deposit, guarantee or another appropriate safeguard. A bank guarantee can reduce risk without compelling a stay or eliminating every loss. No universal security type or hardship exemption applies. Read the amount, deadline and consequences of non-compliance. A cautionary note or charge is useful only where legally feasible and approved. Official source 1

Your next step

Check available safeguards and costs and propose a reasoned alternative where needed. Keep proof of timely deposit and delivery. If a condition cannot be met, seek variation promptly rather than assume the stay remains effective.