A person admitted the existence of a debt in a phone call that was recorded. Following this admission, a lawsuit was filed even though the statute of limitations had lapsed.
The Supreme Court found that the phone call is not sufficient to reset the statute of limitation. Under Israeli law, one cannot normally file a claim for grounds occurring more than seven years before the filing, with a confession made in writing or before the Court resets the statute of limitations. Recording of things said orally, even without the knowledge of the speaker, may in some cases be deemed a “writing.” However, to reset the statute of limitation, a confession must be explicit, full and detailed and include not only confirmation of the facts but also of the right of the other party. As it is presumed that a person weighs his words before a Court while he may be less careful in his words in a telephone conversation, an oral statement in a telephone conversation or in person will not constitute an admission that resets the statute of limitation, other than in special circumstance in which the person is aware of being recorded, and in premeditation decides to orally admit the right of the other party. Here, a written confession was not made or before the Court, but only in the framework of conversations between the parties. Therefore, the claim lapsed and may not be filed.