| The Magistrate’s Court in Rishon Lezion |
| Civil Case 27585-12-21 Levy v. Hevel Modiin Regional Council
|
Before
The Honorable Judge Dar Lahav
The plaintiff:
Yom Tov Levi
By Attorney for Elad Avitan
Against
The defendant:
Hevel Modiin Regional Council
By Attorney Gideon Podim
Judgment
I have before me a claim in the sum of ILS 150,000 that arose in compensation by virtue of the Prohibition of Defamation Law, 5725-1965 (the "Prohibition of Defamation Law"). In summary, it was argued that the defendant had unlawfully foreclosed on the plaintiff's bank accounts, which caused damage to his good name as well as mental anguish, and as a result, he demanded compensation.
- Factual Background
- In 2015, the plaintiff adopted a dog from the Society for Prevention of Cruelty to Animals ("the dog"). As a result of personal constraints, the plaintiff returned the dog to the association on August 11, 2016 (confirmation of the return of the dog was attached as Appendix 1 to the plaintiff's affidavit).
- On June 23, 2017 and December 18, 2017, the dog was spotted by the defendant's inspector, roaming without an owner, and defecating in a public area in Moshav Givat Koach. The inspector scanned the dog's chip, which was found to be associated with the plaintiff, and two reports were registered by virtue of the Modi'in Region Bylaw (Animal Possession), 5762-2002. According to the defendant, the manual reports were sent to the plaintiff's registered address at the Ministry of the Interior.
- When the reports were not paid, printed reports were sent to the plaintiff's address. According to the defendant, she was able to locate the printed report for the offense dated December 18, 2017, which was sent to the plaintiff on October 9, 2018 at 20 Levinsky St., Apartment 1, Tel Aviv (Appendix A to the defendant's affidavit).
- Since the reports were not paid, the defendant sent the plaintiff demands for payment of a debt under section 4 of the Tax Ordinance (Collection), to the address of 18 Asiri Zion St., Tel Aviv. This demand was sent to the plaintiff in April 2020. Upon receipt of the demand, the plaintiff emailed the defendant on April 12, 2020, to which he attached the certificate of return of the dog, as follows:
"Hello,
I received a report from 2017 about a dog that I gave away in 2016.