The defendant’s failure to file a defense is dispositive under the law.

Congratulations! You have filed a lawsuit. After submitting the claim to the court, the defendant must file a statement of defense. How long does the defendant have to file a statement of defense? What happens if the defendant does not file at all? What happens if the defendant files late? And does this mean you have won or the process is lost? We have compiled all the answers for you and attached a sample request for a default judgment (suitable for the Small Claims Court).

How long does a defendant have to file a statement of defense?

The timeframe for filing a statement of defense depends on the court where the lawsuit was filed:

• Regular court (Magistrate’s or District): The defendant has 60 days. (Rule 9(b) of the Civil Procedure Rules, 5779-2018)
• Small Claims Court: The defendant has 30 days. (Rule 4(b) of the Small Claims Courts (Procedure) Rules, 5737-1976)
• Family Court: The defendant has 30 days. (Rule 13(a) of the Family Court Rules, 5821-2020)
• Labor Court: Within the number of days specified in the summons to appear attached to the claim and sent to the defendant by the court.

When does the timeframe for filing a statement of defense begin?

As a rule of thumb, the timeframe for filing a statement of defense begins on the day the claim is duly served on the defendant. That is, the defendant begins counting the 60 or 30 days for filing a statement of defense from the day they received the claim. This provision appears in each section of the law mentioned in the previous question and is consistent with common sense: when a claim is filed, the defendant is usually unaware of it until the claim is served. This logic has been recognized in case law as the “knowledge rule”.

Service of the claim on the defendant is referred to in the law as “service“. The purpose of service is to bring the content of the document to the attention of the defendant, and if it is a statement of claim, to also impose the authority of the court on the defendant. (Rule 158 of the Civil Procedure Rules, 5779-2018).

Who is responsible for serving the claim on the defendant?

The claimant. However, in the Small Claims Court, the court registry is responsible for serving the claim on the defendant. It is the claimant’s responsibility to ensure that the defendant has received the claim. Of course, to be on the safe side, it is preferable for the claimant to ensure that service has been effected.

How to verify that the Small Claims Court registry served the defendant with the claim?

1. Registry: You can contact the court registry and inquire. For your convenience, we have compiled a list of telephone numbers for the registries of Small Claims Courts throughout the country.
2. Court Information Center: Courts throughout the country operate a telephone information center for all citizens. You can contact them by phone and request verification of whether the claim has been served and ask that it be sent to your email.
3. Net Mishpat: You can track all developments in the case on the Net Mishpat website. Enter the site >> A “National Identification” button will appear in the right column >> After identification through the government system, enter the case number on the Net Mishpat homepage >> “Registry” tab >> “Services Performed” >> and there you can see if there is a confirmation of service of your claim and even print it.

What if the defendant fails to file a statement of defense on time?

If a defendant fails to file a statement of defense by the legally mandated deadline, a request for a default judgment can be filed. That is, a judgment based solely on the claim. This provision applies to both “regular” courts (Rule 130 of the Civil Procedure Rules, 5779-2018) and Small Claims Courts (Rule 10 of the Small Claims Courts (Procedure) Rules, 5737-1976).

What if only some of the defendants fail to file a statement of defense on time?

Even if you sued multiple defendants (even if they are related), each defendant stands alone. Therefore, even if some of the defendants did not file a statement of defense on time or their statement of defense was struck out, a request for a default judgment can only be made against those defendants.

What if the defendant filed a statement of defense and it was struck out?

A statement of defense that has been duly struck out is treated as if no statement of defense was filed. That is, even if a statement of defense was filed but was struck out, a request for a default judgment can be made. (Rule 130 of the Civil Procedure Rules, 5779-2018).

What to write in a request for a default judgment?

Generally, there is no closed list of details that must be included in a request for a default judgment. However, there are some details that experience and logic alone suggest should be included. Here are some basic details:

1. Parties’ details and case number
2. Request title: “Request for a Default Judgment”
3. Reasons for the request:

• Date of filing the claim
• Date of service of the claim on the defendant, along with proof of service. If the defendant evaded receipt of the claim or there were special circumstances surrounding the service, this can be noted.
• Number of days the defendant had to file a statement of defense
• Statement that the timeframe has elapsed and the defendant has not filed a statement of defense on time or any other request regarding the case.
• Petition for a judgment based solely on the claim, along with court costs.

For your convenience, we have attached a sample request for a default judgment.

I received a default judgment, does this mean I won?

The judgment will be sent to the defendant, and they have 30 days from the date of receipt to file a request to set aside the judgment. In the request to set aside the judgment, the defendant must address two issues: (1) Reason for default – why they did not file a statement of defense on time; (2) Prospects of defense – that they have good prospects of defense against the claim. A review of case law shows that most requests to set aside a default judgment are granted, even if they lack merit. If the defendant does not file a request to set aside the judgment within 30 days of service (and does not file a request for an extension of time to file such a request), then the judgment can be enforced. In other words, to initiate collection proceedings in the enforcement office.