In short
How long do you have to file a statement of defense?
Generally 60 days from receiving the statement of claim, and 15 days in small claims. If you miss the deadline, a default judgment may be given, and an application to set it aside is generally due within 30 days.
The Deadline: 60 Days from Receiving the Statement of Claim
Under the Civil Procedure Regulations, 5779-2018, a defendant generally files a statement of defense (ktav hagana) within 60 days of the day the statement of claim was served. In a small claim the deadline is shorter: 15 days. The period runs from the day of service, not from the day the claim was filed, so write down right away the date the papers reached you.
You can ask the court for an extension, but it is not automatic, and a request filed at the last minute puts you at risk. The steps for the first days after a claim arrives are collected in our guide Served with a Lawsuit? What to Do in the First 60 Days. This page deals with the statement of defense itself.
What Goes into a Statement of Defense
A statement of defense is not a general letter of reply. The regulations set its structure: threshold arguments, such as limitation, lack of jurisdiction or res judicata, are raised in a separate part, followed by the facts and your version of events. There is a page limit, and you attach the documents you rely on.
You respond to every factual allegation in the statement of claim. A general denial may not be enough, and an allegation that was not denied may be treated as admitted. An argument left out of the statement of defense is hard to add later, because amending a pleading requires the court's permission. So it is drafted carefully the first time.
The statement of defense also sets your starting point in settlement talks. A defendant who files an organized, well-grounded defense comes to mediation or to the first hearing from a very different position.
Counterclaims and Third-Party Notices
Sometimes the defendant also has monetary claims against the plaintiff, for example a contractor sued over defects who says he was not paid in full. In that case you can file a counterclaim, usually together with the statement of defense, so that both claims are heard in the same proceeding.
When someone else is responsible for the damage, in whole or in part, you can send that person a third-party notice and bring them into the proceeding. The court then also decides who should ultimately bear the payment, without a separate lawsuit.
What Happens If No Defense Is Filed
If the deadline passes and no statement of defense has been filed, the plaintiff can ask for a default judgment (psak din be'heder hagana), and the court may rule on the basis of the statement of claim alone, without hearing your side. Such a judgment binds you like any other judgment.
Under Regulation 131 of the regulations, you can ask the court to set aside a decision given in your absence within 30 days of the day it was served on you. Where the statement of claim was not properly served, the judgment is generally set aside. Where service was proper, the court examines why no defense was filed and how strong your defense is. So act immediately, and set out your defense arguments in the application.
What the service includes
- Reviewing the statement of claim and the defense deadline
- Drafting the statement of defense and threshold arguments
- Counterclaims and third-party notices
- Applications to set aside a default judgment
- Representation at hearings and in settlement negotiations
When to contact us
- You received a statement of claim by mail or by hand delivery
- The deadline to file a defense is approaching
- A default judgment was given against you
- You have monetary claims against the plaintiff
What to bring to the meeting
- The statement of claim and all its exhibits
- The date you received the papers
- The contract, correspondence and receipts
- Names of witnesses and documents that support your version
Statement of Defense throughout Israel
The firm represents clients from all over Israel: Jerusalem and the Shfela, Be'er Sheva, Ashdod and Ashkelon, Haifa and the North, the Sharon and Gush Dan. Meetings take place at our two Modiin branches, at the WE Towers branch in Tel Aviv or by video call, and documents can be sent in advance on WhatsApp. We represent clients in the courts, the Labor Courts and before planning committees throughout Israel. How we work with clients across Israel.
Frequently asked questions
How long do I have to file a statement of defense?
Generally 60 days from the day the statement of claim was served on you, under the Civil Procedure Regulations, 5779-2018. In a small claim, 15 days. The period runs from the day of service, not from the day the claim was filed.
What happens if I did not file a statement of defense on time?
The plaintiff can ask for a default judgment, and the court may rule on the basis of the statement of claim alone. If such a judgment is given, you can apply to set it aside within 30 days of the day it was served on you. Act immediately.
Can I get an extension to file a statement of defense?
You can ask the court for an extension, but it is not granted automatically. File the request before the deadline passes and give reasons. Until the court decides, the original deadline still applies.
I have been sued, but I also have claims against the plaintiff. What do I do?
File a counterclaim, usually together with the statement of defense. The court then hears both claims in the same proceeding.
I have been sued in small claims court. Can a lawyer help?
In small claims court the parties generally appear on their own, and representation by a lawyer at the hearing requires the court's permission. You can still consult a lawyer before filing the statement of defense, which is due within 15 days.
