Filing a Small Claim in the Small Claims Court

Defendant’s Details

The statement of claim must specify the defendant’s address, telephone number, and identification number.

• It is important to ensure that the defendant’s address is accurate, so that the court will be able to deliver the statement of claim to the defendant. Additional information regarding delivery of the statement of claim is provided in the section “What Happens After Filing the Claim.”
• It is important to include the defendant’s telephone number, so that the court may contact the defendant and summon the defendant to the hearing.

To locate the required details, the following information databases may be used:

• Company or corporation:  Basic information regarding the company may be obtained free of charge through the Registrar of Companies (Hebrew). The information includes the corporate registration number (for example, a private company number) and address.
• Third-sector organizations (such as nonprofit associations and nonprofit organizations): Information may be obtained free of charge through the GuideStar database.
• Individual: 
  • The address may be searched through the address-location service of the Ministry of Interior (Hebrew). The service involves payment of a fee.
  • If the defendant’s identification number is unknown, an application for address-location must be submitted in person at an office of the Population and Immigration Authority (Hebrew), and the identification number must also be requested. It must be noted that the identification number is required for the purpose of filing a claim. The service involves payment of a fee.
• Exempt dealer or authorized dealer: The identification number of the business owner generally serves as the business number, and usually appears on invoices or receipts issued by the business.
• Foreign airline: Contact details may be obtained free of charge through the website of the Israel Airports Authority.
• A small claim may be filed even without the defendant’s identification number. However, in such case, the claimant will not be able to open an enforcement file for execution of the judgment without noting the defendant's identification number in the judgment - should the defendant fail to comply with it.

Grounds for the Claim: In the statement of claim, the claimant must specify the events that led to the filing of the claim, in the order in which they occurred, and specify dates and locations.

Summoning Witnesses: If there is an intention to summon witnesses to testify at the hearing, the claimant must attach their details to the statement of claim, including: full name, mobile telephone number, and email address.

Additional information regarding the summoning of witnesses is provided in the section “Actions Under the Responsibility of the Claimant.”

Submission of Evidence

• If there is evidence supporting the claims (recordings, photographs, or documents), such evidence must be attached to the statement of claim. It is recommended to prepare the evidence in advance, as submission of evidence after the statement of claim has been filed requires the court’s approval.
• When filing a claim online, only PDF files with a total combined size of up to 30 MB may be attached to the statement of claim. Therefore, it is recommended to prepare the files in this format in advance.
• If the evidence includes audio or video files, the following instructions must be followed:
  • Save the files on portable storage devices (USB flash drives), one copy for the court and an additional copy for each defendant.
  • Submit the portable storage devices to the court secretariat or send them by mail.
  • Arrive at the hearing with a laptop computer capable of presenting the files.
  • Attach a transcript of the recording as a text file, in addition to the recording itself.
• If the statement of claim is filed through the digital process, it must be stated in advance that portable storage devices will be attached, and they must be submitted in person to the court secretariat or sent by mail close to the date of filing the claim.

For viewing recommendations on how to describe the claim and for details regarding the evidence recommended to be attached for each type of claim 

For technical support in submitting evidence, you may contact the National Information and Service Center. 
 

The digital process for filing a claim is fast and convenient and includes:

1. Completing personal details.
2. Detailing the grounds for the claim.
3. Attaching appropriate evidence.
4. Payment of the court fee.

• In order to file a claim, access from a desktop computer to the National Identification System is required, through a short and simple process.
• Filing the claim via a mobile phone is not possible.
• After filing the statement of claim, it is the claimant’s responsibility to ensure that it is served on the defendant, to summon witnesses (if any), and to monitor the status of the case.
• Additional information on this matter is provided in the section “Actions under the responsibility of the claimant.”

Assistance in Drafting and Filing the Claim

• For guidance and assistance in the process of registering with the National Identification Center, you may contact the National Information and Service System. Additional information regarding the National Identification System.
• For free assistance in drafting the statement of claim, it is possible to visit the volunteer service desks at the various courts. It is recommended to verify their hours of operation through the National Information and Service Center.
   

The claim must be filed with the Small Claims Court jurisdiction of which is one of the following localities:

• The locality in which the defendant resides.
• The locality in which the defendant’s business is located.
• The locality in which the defendant performed, or failed to perform, the act that is the subject of the claim.

If the claim concerns publication or online commerce, one of the following localities may also be chosen:

• The claimant’s place of residence.
• The claimant’s place of business.

If there is more than one defendant, the locality must be chosen according to one of the defendants.
To locate a Small Claims Court in a specific city or area, clicking this link will download an Excel file (in Hebrew) through which it is possible to identify the court with which the claim must be filed.
 

• The court fee for filing a small claim is 1% of the claim amount, and a minimum of NIS 50.
• Online payment of the court fee - by credit card only.
• Other means of payment may be used only when the claim is filed in person at the court secretariat.

Opening of a Case and Sending Summons to a Hearing

• The court will receive the statement of claim and open a case file.
• The court will send the claimant confirmation of the opening of the case and summons to a hearing, to the email address specified in the claim form.
• In the case of filing in person, the confirmation and the summons to the hearing will be provided immediately at the time of filing.

Sending Summons to the Defendant

• The court will send the statement of claim to the defendant, together with the summons to the hearing.
• The documents will be sent to the defendant’s address as stated in the statement of claim; therefore, it is important to ensure that the address is accurate.
• The claimant is responsible for ensuring that the defendant received the statement of claim.
• Additional information on this matter is provided in the section “Actions for Which the Claimant Is Responsible.”

Filing a Statement of Defense by the Defendant

• The defendant must submit a statement of defense within 30 days of receipt of the statement of claim unless the defendant requested postponement of the filing date and the court approved the request.
• If the defendant received the statement of claim and failed to submit a statement of defense on time, the claimant may request that the court issue a judgment based solely on the statement of claim, even before the hearing date.
• The court will decide, at its discretion - whether to render a judgment in the absence of a statement of defense.

Invitation to Mediation

If the case is found suitable, the parties will receive an invitation to participate in a mediation process (The link leads to a Hebrew page).

The Hearing

One hearing will be held in the case, during which the testimonies of both parties and of the witnesses (if any) will be heard.

Delivery of the Statement of Claim

1. At least 60 days before the hearing date, the claimant must verify, through the Net HaMishpat System or through the National Information and Service Center, whether the defendant received the statement of claim and the summons to the hearing.
2. If the defendant has not received the documents, the claimant is responsible for delivering them to the defendant. Instructions on this matter may be obtained from the National Information and Service Center or from the court secretariat.
   Additional information regarding delivery in person of the statement of claim to the defendant.
3. Without confirmation of delivery to the defendant, the judge will be unable to hear the case and the claim may be dismissed.

Summoning Witnesses

If the claimant has witnesses who support the claimant’s version of events, the claimant himself must contact them and summon them to appear at the hearing.

When does the Court Assist in Summoning Witnesses

• If there is concern that a witness may not appear, the claimant may request that the court compel the witness to appear.
  • To do so, an application to summon the witness must be submitted to the court secretariat, including the witness’s full address, mobile telephone number (if known), and an explanation of why the testimony is necessary.
  • Compelling a witness to testify involves deposit of witness fees, which must be deposited by the party who requested the testimony (the claimant or the defendant). The amount of the witness fee will be determined by the court.
  • Additional instructions for submitting an application to summon a witness may be obtained from the National Information and Service Center or from the court secretariat.
• The application to summon a witness must be submitted at least 60 days before the hearing date.
• Follow-up should be done through the Net HaMishpat System, the National Information and Service Center, or the court secretariat to verify whether the witnesses received the summons to appear at the hearing.

Updating Personal Details

If there is any change in addresses, telephone numbers, or other personal details of the claimant or of the defendant, the claimant must promptly update the court secretariat.

For a list of the addresses of the Small Claims Court and office hours

Obtaining Information and Performing Actions through Net HaMishpat

• The progress of the case may be monitored through the Net HaMishpat System (The link leads to a Hebrew page), and find all information regarding it, such as: the hearing date, the status of processing of applications, rulings that have been rendered, and secretariat notices.
• In addition, actions may be performed through the System, such as submission of documents and applications (for example, an application to change the hearing date).
• If updates are issued by the court, the System will send notifications to the mobile telephone number and to the email address specified in the statement of claim.

For instructions for use of the Net HaMishpat System 

• Language:

• Claims must be filed in Hebrew only.
• If an interpreter is required for the hearing, a written request must be submitted to the court secretariat at least seven days before the hearing date. For the request for an interpreter form .

• The Judicial Authority considers accessibility of its services for persons with disabilities of utmost importance. For detailed information regarding the accessibility arrangements
• In online filing, it is possible to include up to five claimants and to file a claim against up to five defendants. If there are more than five claimants or more than five defendants, the claim must be filed in person.
• The court may decline to hear the claim and transfer it to a Magistrate Court or to the court authorized to hear it, should it find that the claim was filed by a claimant who has already filed more than five claims with the same court during the same year.

Where wording is used in the male gender, the reference is to both men and women.