I have prepared a small claims action. What is the next step?

I have prepared a small claims action. What is the next step? Congratulations! You have successfully prepared a small claims lawsuit independently, completing the most challenging part of the process.

However, the next steps may not be entirely clear. How is a small claims lawsuit submitted to the court? How will the defendant be notified of the lawsuit? What happens next? And how can you track the case’s progress?

This article addresses these questions and provides answers, covering all aspects from preparing a small claims lawsuit to its submission.

Additionally, you may contact Dino’s Q&A database at any time for further assistance. The database provides answers to a wide range of questions, from critical issues to more minor details.

I have Prepared a Small Claims Statement of Claim. What Should I Do Next?

First, thoroughly review your document, ensuring all data and documents are accurate and you are prepared to defend them in court.

Note: If you prepared the small claims lawsuit using our system on a mobile phone, reviewing the file on a computer is strongly recommended (some phones do not fully support Word documents, leading to incomplete information display).

Finished? Excellent. The next step depends on your intended submission method:

1. Physical Submission: This involves manually submitting the statement of claim to the court’s registry. You may utilize a courier service. In this case, save the document on your computer and print 4 copies: 3 for the court registry and 1 for your records.
2. Online Submission: This involves submission via the Israeli Courts’ website – Net Mishpat. Multiple plaintiffs can submit using one person’s account; however, initially, information will only be accessible to the submitting plaintiff.

For online submission, save the file as a PDF. Two options exist:

(*) “Print to PDF”: Open your saved Word document > Click “File” in the top menu > Print > In the print dialog box, go to the “Printer” field > Select “Microsoft Print to PDF” > Click print.

(*) “Export”: Open your Word document > Click “File” in the top menu > Create PDF.

Submitting the Statement of Claim After Preparation

1. Physical Submission: Manually submit 3 physical copies of the statement of claim and attachments (if any) to the relevant small claims court registry (in person or via a legal courier).
2. Online via Net Mishpat after government identification: For this option, have your credit card details ready for court fee payment.

Access Net Mishpat > On the homepage, click the orange “Open a Case or Perform Actions on a Case” field > “National Identification” > You’ll then be prompted to identify yourself using your personal government portal > Log in > After logging in, your ID will be displayed in the upper left corner (confirmation of login) > Select “Open a Case” from the top menu > Choose “Court” > “Choose Procedure Type” > The process then continues clearly and simply.

After online submission, the court registry will send a confirmation email with the case number.

Keep this document! It confirms case opening. The case number allows you to track the case’s progress. All details will also be accessible in the government portal.

Are There Mandatory Fees?

Yes. A court fee of 1% of the claim amount, with a minimum of ₪50, is payable upon submission.

For claims up to ₪5,000, the fee is ₪50; for claims over ₪5,000, it’s 1% of the claim amount.

Paying the Court Fee

1. Online via Net Mishpat: Via credit card (a prepaid credit card from the Israel Postal Bank is considered a credit card).
2. Cash, via payment slip: Payment slips are available for payment at: 1. Israel Postal Bank; 2. “Mante” branches (Delek convenience stores); 3. Ben Gurion Airport. Per Court Administration Procedure No. 02-5-11, a valid ID (ID card/driver’s license/passport) is required. If a third party pays (e.g., a friend for their friend), they must present their ID and the plaintiff’s ID.
3. Bank check: Per the Courts Administration, the registry accepts checks only from lawyers, banks, and insurance companies. Bank drafts from private individuals are accepted.

For more information, see the Courts Administration’s page on fees and payment methods.

How Will the Defendant Know They’ve Been Sued? Do I Need to Serve Them?

The court clerk is responsible for serving the statement of claim and summons on the defendant (and the plaintiff). However, the plaintiff should not be passive:

If the court clerk does not serve the defendant within 60 days of the scheduled hearing, the plaintiff must serve the defendant at least 40 days before the hearing.

How Can I Confirm Service on the Defendant?

Several options exist:

1. Contact the court registry where you filed the lawsuit (see contact details below).
2. Contact the Courts’ Information Center (3852* or 077-2703333).
3. Check Net Mishpat via government identification:

Access Net Mishpat > On the homepage, click the orange “Open a Case or Perform Actions on a Case” field > “National Identification” > You’ll then be prompted to identify yourself via your government portal > Log in > Your ID will be displayed in the upper left corner (confirmation of login) > Enter your case number from the submission confirmation (usually in this format: 12345-12-23) > Once in your case file, click “Registry Notifications” > “Services Performed” > Check for service confirmation.

Small Claims Court Registries and Public Hours

**Updated January 2023; subject to change.**

• Northern District: Beit Shean, Tiberias, Massada, Nazareth Illit, Afula, Safed, Katzrin
• Haifa District: Acre, Krayot, Haifa, Hadera
• Central District: Kfar Saba, Netanya, Petah Tikva, Rishon Lezion, Rehovot, Ramla
• Tel Aviv District: Herzliya, Tel Aviv
• Jerusalem District: Beit Shemesh, Jerusalem
• Southern District: Ashdod, Ashkelon, Beersheba, Dimona, Kiryat Gat, Eilat

Receiving Case Updates

Yes, you’ll get case updates. The court registry sends emails. These go to the address in your claim. You can update your email anytime. Use your Net Mishpat account.

After Submitting a Small Claims Lawsuit

After you submit, the court confirms it. They open a court file. You get a case number. It’s a three-part number (e.g., 12345-12-21).

The registry serves the defendant. They have 30 days to file a defense. If there are many defendants, count 30 days from the last service. You’ll get their defense in the government portal. It will also be on Net Mishpat.

Then, several things can happen:

• Both sides get a hearing notice. Attendance is mandatory.
• The court sends parties to mediation.
• The defendant(s) don’t file a defense on time.

Defendant Didn’t File a Defense?

If no defense is filed, you can ask for a default judgment. First, confirm service with the registry. If your claim was served correctly, and 30 days passed, you can request it. This excludes court recesses. Your request specifics depend on the case. It asserts your right to judgment. This is because the defendant failed to file on time.

Judgment Timeline

How long until judgment? It varies. The court aims for 7 days after the last hearing. But this isn’t always possible. Judgment can be immediate after a hearing. Especially if the case settles. Timelines can vary widely. Court Administration data shows an average of six months. This is from preparation to judgment.