The defendant’s failure to file a statement of defense

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 did not file a statement of defense? What happens if the defendant files late? Does this mean you have won, or is the process lost? We have compiled all the answers 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 to which 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 court attached to the claim and sent to the defendant by the court.

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

Filing a Statement of Defense: Understanding the Timeline

The deadline for filing a statement of defense begins when the claim is properly served. The defendant starts counting their 30 or 60 days from that specific date. This rule aligns with legal provisions and the “knowledge rule” in case law. Defendants typically learn about a claim only upon receiving it.

“Service” of the Claim: Purpose and Definition

“Service” refers to formally delivering the claim to the defendant. Its purpose is to inform the defendant about the document’s contents. For a lawsuit, it also brings the defendant under the court’s jurisdiction (Rule 158 of the Civil Procedure Rules, 5779-2018).

Who is responsible for serving the claim on the defendant?

In Small Claims Court, the court registry serves the claim on the defendant. However, the plaintiff must ensure the defendant actually receives it. To be safe, the plaintiff should confirm the service was completed.

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

1. Registry: You can call 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 ask them to check whether the claim was served and request that it be sent to you by email.
3. Net Mispat: You can track all developments in the case on the Net Mispat 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 Mispat home page >> “Registry” tab >> “Services performed” >> and there you can see if there is confirmation of service of your claim and even print it.

What is the procedure if the defendant did not 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 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 is the procedure if only some of the defendants did not file a statement of defense on time?

Even if you sued multiple defendants (and even if they are related), each defendant stands alone. So 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 is the procedure if the defendant filed a statement of defense and it was struck out?

A statement of defense that has been lawfully struck out is considered the same as not filing a statement of defense. That is, even if a statement of defense was filed but 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 stated in a request for a default judgment. However, there is some information 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, including proof of service. If the defendant evaded receiving the claim or if there were special circumstances surrounding the service, this can be mentioned.
• The number of days the defendant had to file a statement of defense
• Statement that the period has expired and the defendant did not file a statement of defense on time or any other request regarding the case.
• Petition for 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 is sent to the defendants. They have 30 days from receipt to request setting aside the judgment. The defendant must address two points:

1. explain the default in filing a timely statement of defense
2. demonstrate strong prospects of defending against the claim.

Case law indicates most requests to set aside default judgments are granted, even if the initial default lacked strong justification. If the defendant fails to file this request within 30 days of service (and doesn’t seek an extension), the judgment becomes enforceable. In other words, to open collection proceedings in the Enforcement Office.