You were served with a small claim: what to write in the statement of defense, and the deadline for filing it

Received a small claim? You can prepare the statement of defense with me, and you file it yourself within the 30 days. How it works and what will be written on it →

Service page: Class actions and consumer claims lawyer.

How long do you have to file a statement of defense in a small claim?

Within 30 days from the day the summons was served on you. The summons invites the defendant to file a statement of defense within this time. If they filed a statement of defense, it also invites them to appear at the hearing on the date stated in it (regulation 4(b) of the Small Claims Regulations).

In proceedings opened from 11 April 2025, the days are counted from the day the document was served. The court’s recess period is included in the count, unless the court ordered otherwise (regulation 16A). An application to the court that is not made at the hearing itself is filed in writing (regulation 8(a)).

If you did not file a statement of defense on time, the court gives judgment on the basis of the statement of claim alone. It does not do so if it sees that justice requires inviting the parties to present their arguments and bring evidence (regulation 10). You can apply to cancel a decision given in your absence within 30 days from the day it was served on you (regulation 12).

What must a statement of defense in a small claim include?

In proceedings opened from 11 April 2025, there is no form that the regulations require. Form 3 in the Schedule to the regulations, “Statement of defense”, was repealed by the amendment to the regulations that applies to proceedings opened from that day. Regulation 5 sets out what the statement of defense includes.

You can file a document you did not attach later only with the court’s permission. The court gives it when it finds that the document is needed for the judgment, or for another important reason (regulation 5(c)).

A template for a statement of defense in a small claim, to fill in

The template follows the order of regulation 5. It is not a binding text and is not advice for your case. Instead of the square brackets, write your own details.

Before you answer the substance of the claim: what to check

The law sets limits on a small claim. Before you respond to the facts, it is worth checking whether the claim you received is within them:

• Who is suing. Only an individual may sue in the Small Claims Court. They may not sue under a right that was assigned or transferred to them (section 60(a) of the Courts Law [Consolidated Version], 5744-1984).
• The amount and the remedy. Payment of up to NIS 39,900 in 2026, or the replacement or repair of goods or the cancellation of a transaction up to the same value (section 60(a)).
• Exclusive jurisdiction. A matter within the exclusive jurisdiction of another court is not heard in the Small Claims Court (section 60(a)).
• A plaintiff who filed many claims. The court may decline to hear the claim and transfer it to the Magistrates’ Court or to the competent court. It may do so if the plaintiff filed more than five claims in the same year in the same court. It may also do so if it saw that a small claims hearing is not suitable for the claim (section 60(b)).
• Venue. The claim is filed according to the defendant’s place of residence or business, or according to the place of the act or omission. A claim over a publication or trade on the internet is filed only where the defendant or the plaintiff lives or does business (regulation 2).

If one of these fits your case, write it in the grounds of the defense. Answer the substance of the allegations as well. Regulation 5 requires, in every case, the response to the facts and to the remedy, and the grounds of the defense.

Counterclaim and third-party notice

A defendant who filed a statement of defense may attach to it a counterclaim against the plaintiff, under the rules for a statement of claim. If the defendant attaches a counterclaim, the plaintiff is invited to file a statement of defense to it within 30 days from the day it was served (regulation 5(e)). “Claim” in the regulations also includes a counterclaim. So a court fee is also paid on it, of 1% of its value and no less than NIS 50 (regulation 6(a)). If the counterclaim is higher than the ceiling, you can file a separate claim for the excess in another court. If you are an individual, you can also file it in the Small Claims Court (sections 60(a) and 61(2) of the Courts Law).

If a defendant argues that a third party should bear the amount awarded against them, or part of it, they may file a third-party notice (regulation 5(f)). A court fee is also paid on it (regulation 6(a)).

The defendant is a company or a business: who signs, and what is the rule on representation?

In a corporation’s statement of defense, you write its registration number and the name and ID number of the person who signed. The declaration states that person’s name and ID number (regulations 5(a)(1), 5(c)(2)).

Representation by a lawyer is allowed only with the court’s permission and for special reasons that will be recorded (section 63(a) of the Courts Law). Another person who is not a lawyer may represent a party only with the court’s approval and under a power of attorney filed with it. They may not do so if they represent people regularly, represent in the ordinary course of their business, or receive payment (section 63(b)).

The Supreme Court explained that when the court allowed one party to be represented by a lawyer, it must also consider whether to allow representation for the other party. It weighs, among other things, the nature of the represented party, the subject of the claim, its value and its legal complexity (application for leave to appeal, LCA 5234/17 Driver Israel Ltd. v. Janah, 4 July 2018, relying on LCA 5711/08 Partuk v. Sol Turgeman Ltd.). A business sued under the Spam Law will find the aspects specific to it in the guide for a business that received a spam claim.

What happens if you do not appear at the hearing?

If the defendant did not appear and the plaintiff did, the court gives judgment on the basis of the statement of claim. It does so after the plaintiff declared before it that what is stated in it is true (regulation 11). In suitable cases the court may hold a hearing by technological means, or decide on the basis of the written pleadings. It also weighs the preference you wrote in the statement of defense (regulation 13(b)–(c)). You can apply to cancel a judgment given in your absence within 30 days from the day it was served on you (regulation 12). In proceedings opened from 11 April 2025, you can apply to the District Court for leave to appeal the judgment within 30 days from the day it was given. The same applies to the decision on the application to cancel it (regulation 16(a)).

Can a lawyer write the statement of defense?

Section 63(a) of the Courts Law limits representation of a party by a lawyer in the Small Claims Court. It is allowed only with the court’s permission and for special reasons that will be recorded. The Ethics Committee of the Israel Bar Association (Tel Aviv District, relying on National Committee decision 144/06) found that there is no bar to a lawyer helping to draft a statement of defense for a small claim. There are two conditions. First, the lawyer does not sign or file it. Second, the statement of defense clearly states that it was drafted with the help of a lawyer who does not file it and does not represent the party in the proceedings, directly or indirectly.

Section 20 of the Israel Bar Association Law, 5721-1961 (חוק לשכת עורכי הדין, התשכ״א-1961) lists acts reserved for lawyers as separate acts. Among them are representing and pleading on behalf of another person before a court (section 20(1)), drafting legal documents for them (section 20(3)) and legal advice (section 20(4)). Advice by a lawyer inside the courtroom during the hearing, or written arguments and summations on the lawyer’s behalf, count as representation for the purpose of section 63. The Supreme Court cited this from opinions of the Ombudsman of Israeli Judiciary and from Small Claims Court rulings (LCA 5234/17, paragraph 11).

The statement of defense remains yours: you sign the declaration (regulation 5(c)(2)) and you appear at the hearing (regulation 11).

Frequently asked questions

How long do you have to file a statement of defense in a small claim?

Within 30 days from the day the summons was served on you (regulation 4(b) of the Small Claims Regulations). In proceedings opened from 11 April 2025, the court’s recess days are also counted, unless the court ordered otherwise (regulation 16A).

What happens if I did not file a statement of defense?

The court gives judgment on the basis of the statement of claim alone. It does not do so if it sees that justice requires inviting the parties to present their arguments and bring evidence (regulation 10). An application to cancel a decision given in your absence is filed within 30 days from the day it was served on you (regulation 12).

How many pages are allowed in a statement of defense in a small claim?

In proceedings opened from 11 April 2025, the body of the statement of defense may not exceed five pages, and the documents are attached to it (regulation 5(c)–(d)).

Can you file a counterclaim in a small claim?

Yes. You attach it to the statement of defense. The plaintiff is invited to respond to it within 30 days from the day it was served (regulation 5(e)). A court fee is paid on a counterclaim, of 1% of its value and no less than NIS 50 (regulations 1 and 6(a)).

Can a company that was sued bring a lawyer to the hearing?

Only with the court’s permission and for special reasons that will be recorded (section 63(a) of the Courts Law). If the court allowed representation for one party, it must also consider whether to allow representation for the other party (LCA 5234/17).

Can a lawyer write my statement of defense for me?

Representation by a lawyer in the Small Claims Court is allowed only with the court’s permission (section 63(a) of the Courts Law). According to the position of the Ethics Committee of the Israel Bar Association’s Tel Aviv District, a lawyer may help with drafting on two conditions. The lawyer does not sign and does not file. The document clearly states that it was drafted with the help of a lawyer who does not represent the party in the proceedings. You sign the declaration, and you appear at the hearing yourself.