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If several people guaranteed the same Israeli debt, can the guarantor who paid recover from the others?

Yes. Under Section 13 of the Guarantee Law 5727-1967, co-guarantors of the same obligation are liable between themselves in equal shares unless they agreed otherwise, and a guarantor who paid more than their share can recover the excess from the others. The paying guarantor also steps into the creditor's position against the borrower under Section 9, including the benefit of any security the creditor held. The claim is brought in the ordinary civil courts rather than at the Execution Office, because it is a fresh cause of action rather than enforcement of the original judgment.

Israeli law separates two rights that guarantors often run together. The first is recourse against the borrower: a guarantor who pays is subrogated to the creditor and can pursue the borrower for the amount paid plus reasonable costs. The second is contribution between co-guarantors. Where two or more people guaranteed the same debt, each carries an internal share, and one who paid the whole debt can claim the difference from the rest. The default split is equal, regardless of how much each guarantor benefited from the loan and regardless of which one the creditor chose to sue. A written agreement between the guarantors, or wording in the guarantee itself, can change those internal proportions.

The practical difficulty is proof and timing. The paying guarantor needs the guarantee documents, evidence of the amount actually paid, and evidence that the payment discharged the same obligation the others guaranteed. Where the borrower is insolvent, a contribution claim against solvent co-guarantors is often the only realistic recovery, and a co-guarantor who is himself insolvent drops out of the calculation, which increases everyone else's share. Limitation runs from the date of payment rather than from the date the guarantee was signed, which gives a guarantor who paid late more time than they usually expect. A foreign guarantor can bring the claim through an Israeli lawyer without travelling.

⚖ In Practice
  • Governing law: Sections 9 and 13, Guarantee Law 5727-1967 (subrogation against the borrower; contribution between co-guarantors)
  • Competent forum: Magistrates' Court (Beit Mishpat HaShalom) for claims up to NIS 2.5 million, District Court above that; not the Execution Office, since this is a new cause of action
  • Default split: equal shares between co-guarantors unless the guarantee or a separate agreement provides otherwise
  • Insolvent co-guarantor: their share is redistributed among the remaining solvent co-guarantors
  • Limitation: seven years from the date of payment under the Limitation Law 5718-1958
  • Court fee: 2.5% of the amount claimed, with half payable on filing (2026)

From the full guide: Personal Guarantor in Israel: Obligations, Rights & Risks

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Get a Free Consultation with Adv. Eli ShimonyPrepared under the direction of Adv. Eli Shimony, Eli Shimony Law Office · Editorial policy

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