Comprehensive Guide to Small Claims Court
The Defense

Introduction

This document is a technical guide to the small claims court. Here you will learn the main legal rules to follow when submitting a defense to the small claims court.

In separate documents, I have provided a Guide for Claims and writing an effective complaint.

Small claims court in Israel is not similar to those in the United States or Europe. In order to understand how the system works, this short guide is divided into sub-categories to make it easier to navigate.

This court (Tribunal) is incorporated in the Magistrate’s Court (Inferior Court) and any decision, judgment or resolution it makes can be appealed within 15 days of the final decision. The appeal takes place in a higher court (“Beit Mishpat Mechozi”). Please notice: Appealing in these kinds of cases is usually not worth it and will most likely cost you a large sum.

Anyone can be sued through the small claims court, but not everyone can sue through this court. Only private citizens can sue through the small claims court but not companies, municipalities, government ministries or any other kind of organization.

Another issue concerns legal representation. In this court you cannot be represented (when being sued or suing) by a lawyer. You are on your own, except in cases when the plaintiff or the defendant has a specific problem, such as language. In this case, the judge may permit a relative to aid in the procedures (but you won’t know until the hearing itself starts in court).

Unfortunately, when suing a company, government or any other entity (not a private individual), you may find yourself conducting the case against a lawyer who represents the other side. Why? If the company or the entity has in its employ a lawyer, this employee may represent the company, but you cannot have a lawyer represent you.

The “bad news” for new immigrants is that you can present your case only in Hebrew or Arabic, but not in English or any other language. If you need an interpreter you have to ask the judge’s permission when filing your defense.

It is strongly advised to use the services of a lawyer to write an effective complaint, but never write a defense without a lawyer.

First Step - Complaint Served

After receiving the complaint by registered mail or personal delivery (in both cases it doesn’t matter whether or not you agree to receive, sign a receipt for, or even accept the papers, by law you have just received them in a legal manner), shock usually follows and then the “outrageous phase”. Don`t worry, stay calm. You have 15 days (including weekends and holidays) to present your written defense. If you need more time you must ask the court for it before the 15 days expired.

Second Step - the Answers

Start with a simple draft for yourself. For every one of the plaintiff’s arguments, plea or charge; you must have the specific answer. For any non-answered charges, the plaintiff won’t need to “prove” his case on that issue. You will be considered as agreeing with him on that unanswered charge.

If you don’t present your defense, the plaintiff will automatically “win” the case.

Third Step - the Burden of Proof

The full burden of proof is always, and only, on the plaintiff’s shoulders and it is not on the defendant to prove these charges or claims. Be brief, clear, chronological and consistent in your answers.

Fourth Step – Submission of Your Defense

It will better if you deliver your defense personally to the court’s secretariat. There must be three complete copies. The secretariat hours are from 8:30 to 12:30 except Fridays, Saturdays or holidays. Keep a stamped copy.

Fifth Step - The Audience Day

Your day in court has arrived. All sides must be present in the court room on time and it generally takes a long time to be heard.

It is advised to “visit” a court room before. Go to the nearest tribunal and “learn” how it works. All cases are open to the public and generally you can find a seat (don’t go before 9:30).

Forms used for Plaintiffs and Defendants

You should use the form stipulated by the court; from these forms you can learn the outline of the documents. You are not obligated to type your legal documents but remember that the Judge is a human being and if you make the case clearer, you have a better chance of being understood.

In any case, if you decide to have your complaint or defense handwritten, it must be in clear handwriting, not very crowded and as short as possible (it should be brief in any case), and remember to answer every specific issue the plaintiff used in his complaint.

Here is a link to the forms you will need for your defense .

Tzvi Szajnbrum, Attorney at law