Filing a Statement of Defense – Small Claims
This service enables the filing of a statement of defense in small claims proceedings, in accordance with the requirements of the regulations.
Defendants against whom a small claim has been filed are required to file a statement of defense within 30 days from the date of receiving the summons to the hearing.
If a statement of defense is not filed within 30 days from receipt of the summons to the hearing, the court has authority to give judgment, cancel the scheduled hearing, and close the case.
- Statement of defense form – you should complete all relevant fields in the form
- You should attach any document that supports the arguments stated in the statement of defense, for example: receipts, photographs, expert opinions, WhatsApp correspondences or email, and others
- Digital evidence may be attached (audio or video file). To do so, you should act in accordance with the following instructions:
- Save the files on portable storage devices (USB flash drives) – one copy for the court and an additional copy for each defendant
- You should attach a transcript of the recording as a text file, in addition to the recording itself
- You should file the portable storage devices with the Court Secretariat or send them by mail, close to the time the statement of defense is filed
- You should attend the hearing with a laptop on which the files may be presented
- You should note in the statement of defense that portable storage devices will be attached, which will be filed in person with the Court Secretariat
- If there are witnesses, it is your responsibility to notify them of the date of the hearing. If there is concern that witnesses will not appear at the hearing, it is possible to request that the court compel them to appear. You should file the Application with the Court Secretariat and track the ruling (it may be filed online)
- Defendants in a small claims file will receive from the Court Secretariat:
- The statement of claim
- A summons to the hearing, according to which they are required to file a statement of defense within 30 days from the date the receive the statement of claim
- Summons to the hearing
- You should file the statement of defense with the court where the case was opened
- District filing – it is possible to file the statement of defense at any Magistrates’ Court in the relevant district. For detailed information regarding district filing
- Defendants whose details in the court are updated (mobile phone number or email address, or both) will receive the statement of claim by digital dispatch – a notice will be sent to the mobile phone or by email or both
- After receiving the notice, you should open it and through it enter the statement of claim in the Net HaMishpat System, by means of the National Identification System. This action will be considered lawful service, that is, delivery of the statement of claim to the defendants in accordance with the law
Click the heading to open the information relevant to you regarding filing methods:
- It is possible to file the statement of defense on the Net HaMishpat website
- Before entering, it is recommended to prepare all documents scanned in files in PDF format only. The maximum size of each file that may be attached is 30 MB at most
- You should access the website from a computer; it is not adapted for browsing from a mobile phone
- You should log in to the website by means of the “National Identification” button or a smart card
- To file the statement of defense:
- On the upper bar in Net HaMishpat you should enter the case number and click the “Search” button
- If the case number is unknown, you may click the “Find Cases” tab on the upper bar in Net HaMishpat, select “My Cases,” and search for the case
- After the case has been located, you should click its icon
- You should click the “Filings” tab
- In the “Filings” tab you should select “Other Filings”
- To file appendixes with the statement of defense:
- You may upload additional documents through the “browse” button, under the heading “Attaching Accompanying Documents”
Please note,
- The files should be in PDF format only
- Each file uploaded to the system should not exceed 30 megabytes in size
- You should file the form in three copies and a copy for each additional plaintiff
- It is possible to file the statement of defense at any public reception desk of the Small Claims Court Secretariat or the Magistrates’ Court
- District filing – it is also possible to file the application at any public reception desk of the Magistrates’ Court Secretariat in the relevant district, as explained at the beginning of the section
- Online appointment scheduling at the Court Secretariat – it is possible to schedule an appointment at the public reception desk of some of the Court Secretariats by means of the website and App MyVisit for scheduling an appointment
It is possible to send the application by registered mail to the court, as detailed in the previous section – arrival at the court in person
- It is your responsibility to track the processing of the case. Sometimes rulings will be rendered in it regarding completion of documents or scheduling, cancellation, or change of hearing dates
- A hearing will be held in the case in which the parties’ arguments and the witnesses’ testimonies (if any) will be heard, after which judgment will be rendered
- If the case is found suitable, the parties may be invited to participate in a mediation process with the aim of reaching agreements
- You should track the progress of the case through the Net HaMishpat website, which you should access only from a computer. The website is not adapted for browsing from a mobile phone
For details regarding how to check the status of processing the statement of defense, click the relevant heading:
Upon completion of filing the statement of defense a confirmation (reference) number is received, by means of which it is possible to track the processing the case and receive its number in two ways:
- In the “Tracking My Filings” tab – you may see the last filings, the reference numbers, and the status of processing each of them. You should check the status of processing the statement of defense. This may be done after the end of the business day after the date the form was filed
- On the upper bar on the website, in the “Filings” tab – clicking the tab opens a window where you should select “Find Filings by Reference Number,” enter the reference number in the designated field, and click the “Search” button at the bottom of the page on the left. The status of processing the filing will be displayed. You should check the status of processing the statement of defense. This may be done after the end of the business day after the date the form was filed. The case number will appear there
- By means of the case number it is possible to view the case – by clicking the number.
- After entering the case, the folders in it will appear on the right side
During processing the form, the court may send requests to complete documents. If the documents are not sent within the period indicated in the requests, the case will be closed. Therefore it is highly recommended to be meticulous in checking the status of processing the statement of defense
- After filing, a reference number is received, by means of which it is possible to check the progress of processing the statement of defense
- It is possible to check whether notices or rulings have been received in the case by means of the Net HaMishpat website, which you should access by means of the National Identification System or a smart card. On the upper bar on the website you should type the case number, click the “Search” button, and then it will be possible to view it
- If the case number has been forgotten or is unknown, you may click the “Find Cases” tab, select “My Cases,” enter a range of dates, and a list of cases will be received, from which the correct case should be selected
- After entering the case, folders will appear on the right side. You should enter “Paper Files,” where all documents in the case will appear, including rulings
You should track the arrival of the mail to the court, and then wait until the end of the business day after the date it arrived, in order to check the processing of the statement of defense. Afterwards it is possible to track in Net HaMishpat the progress of processing, in the following way:
- If an email address has been updated in the statement of defense, update messages from the court will be received there. To read the messages you should click the link in them, which will lead to Net HaMishpat. You should enter it by means of the National Identification System. Next to the identity card number an envelope icon will appear; by clicking it the messages from the court will open
- Another way to check the status of processing on the Net HaMishpat website after entering by means of the National Identification System: by clicking the “Find Cases” tab and selecting “My Cases,” you should select a range of dates for the search. A list will be received, from which it will be possible to select the relevant case and then click the case number to view it and check whether messages have been received
Please note, if there is any difference or conflict between the information on this page and the law, the provisions of the law will apply.
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