Quick Answer: If a defendant served with an Israeli civil claim does not file a statement of defence within 60 days, the court can give a default judgment (pesak din be'header hagana) under Regulation 130 of the Civil Procedure Regulations 5779-2018, either on the statement of claim alone or after asking the claimant for some proof. The judgment can then be enforced through the Execution Office like any other judgment. A defendant who wants it cancelled must apply under Regulation 131 within 30 days of being served with it. Defective service gets the judgment set aside almost automatically; otherwise the court looks at the reason for the default and whether there is a real defence.

This page is for both sides. A creditor abroad with a claim against an Israeli who ignores every letter wants to know whether silence in court produces a judgment, and how fast. A defendant, often an Israeli living abroad or a foreigner with Israeli assets, discovers that a judgment was given without them and that a bank account in Israel is frozen. The rules are the same in both cases and they are stricter than many people expect.

A note on older material: Israel replaced its 1984 civil procedure rules with the Civil Procedure Regulations 5779-2018, which have applied since January 2021. Guides that still cite "Regulation 97" for default judgments or "Regulation 201" for setting them aside describe the old regime. The deadlines changed too.

1. What a default judgment is under Israeli law

Regulation 9(b) gives a defendant 60 days from service of the statement of claim to file a statement of defence. Medical negligence claims get 120 days, and in the fast-track procedure for smaller claims the period is 45 days (Regulation 80(a)). The court can extend these periods for good reason, and defendants who need more time should ask before the deadline rather than after.

If the deadline passes with nothing filed, Regulation 130 lets the court do one of two things:

  • give judgment on the statement of claim alone, which is common for a liquidated money claim backed by documents; or
  • require the claimant to prove the claim, in whole or in part, before giving judgment. Courts tend to do this where the amount is not fixed, where damages need assessment, or where the claim asks for something other than money.

A default judgment is a full judgment. Once given, it carries the same weight and the same enforcement tools as a judgment after trial. Israeli courts have also held that, as long as the court has not yet ruled on the request for judgment, a late defence can still be filed, usually with a costs order against the defendant. That is worth knowing on both sides: a creditor should not assume the case is over the day the 60 days expire.

2. When a creditor can ask for judgment

Before asking the court to rule under Regulation 130, the creditor should be able to show:

  • Valid service. This is the precondition everything else rests on, and the ground on which most default judgments are later attacked. The court will look for proof of delivery: for registered mail, the delivery confirmation; for personal delivery, the delivery verification notice that the regulations treat as fixing the date of service (Regulations 159, 161 and 165).
  • That the period has actually run. Count 60 days from the date of service, or the extended date if the court granted one.
  • That nothing is on the file. An extension request, a statement of defence or an application challenging jurisdiction all stop a default judgment.
  • What proof the court is likely to want. For a fixed debt, attach the contract, invoices or cheques. For anything else, expect the court to ask for evidence.

Service on an adult family member is valid in limited circumstances. Regulation 163(b) allows it only when the addressee cannot be found, and only at the addressee's home, on a family member who lives with them and appears to be at least 18. A process server who hands the claim to a relative without recording that the defendant could not be found leaves the judgment open to challenge.

3. The procedure step by step

  1. File the statement of claim in the correct court. The Magistrates' Court hears smaller money claims and the District Court larger ones, according to the amount claimed.
  2. Serve the claim and keep the proof of service. If the defendant is abroad, service needs the court's permission and directions first (see section 6).
  3. Wait out the 60 days, or the fast-track or medical negligence period where it applies.
  4. Ask the court for judgment under Regulation 130 through the court's online system, with the proof of service and the documents supporting the amount claimed.
  5. Comply with any order to provide proof, such as an affidavit or a short hearing.
  6. Once judgment is given, serve it on the defendant. Service of the judgment also starts the defendant's 30 days to apply to set it aside under Regulation 131.

Courts do not work to a fixed timetable on these requests, and the time a judge takes varies by court and caseload. A complete file with clean proof of service is decided fastest. A request that leaves the judge asking how the defendant was served is the one that comes back with questions.

4. Enforcing the judgment through the Execution Office

The creditor enforces a default judgment by opening a file at the Execution Office (Lishkat HaHotza'a LaPoal) under the Execution Law 5727-1967. Section 6(b) of that law sets the timing: the creditor can file once the date for payment set in the judgment has passed or, if the judgment sets no date, 30 days after it was given. The registrar can allow earlier filing in some circumstances (s.6(b1)).

Once the file is open, the debtor receives a warning notice and has 20 days to pay or respond (s.7(a)). After that, the creditor can ask for the usual measures: attachment of bank accounts and of money owed to the debtor by third parties, wage attachment, seizure of property and registration of attachments against real estate, and in some cases restrictions such as an order preventing the debtor from leaving Israel. Our guide to the Israeli Execution Office explains each measure, and the guide to stay-of-exit orders covers the travel restriction.

Delay costs the creditor money. Under section 6(b2), if the execution request is filed more than a year after it could first have been filed, only statutory interest is added to the debt, not contractual interest or linkage, unless the agreement provides otherwise. A creditor who obtains a default judgment and then waits loses part of what they are owed.

5. Setting aside a default judgment

Regulation 131 allows a party against whom a decision was given in their absence to apply to set it aside within 30 days of being served with it. The court can set it aside on whatever terms it considers fit. Missing the 30 days is not automatically fatal, because courts can extend procedural deadlines for a special reason, but an applicant who comes late has to explain the delay as well as the original default.

Israeli case law distinguishes two routes:

  • Setting aside as of right (mi'hovat ha'tzedek). If the claim was never validly served, the judgment is set aside without any inquiry into the merits. The defendant needs evidence, such as proof they lived abroad at the time or a delivery record showing the wrong address or wrong person, not just a denial.
  • Setting aside at the court's discretion. If service was valid, the court weighs the reason the defendant did not respond and, more heavily, whether they have a genuine defence with a real chance of success. An affidavit setting out the defence is expected with the application.

Even when the court grants the application, it commonly attaches conditions: paying the claimant's costs, depositing security or providing a guarantee, and filing a defence within a short period. The Supreme Court approved conditions of this kind in Alfi Brothers v. Bank Leumi (CA 9654/02).

In Practice: Filing a set-aside application does not by itself stop enforcement. Section 17(a) of the Execution Law says a judgment is stayed only under that law or by a court order. A defendant whose Israeli account has been attached should ask the court that gave the judgment for a stay of execution in the same filing, explaining why the defence is strong and why enforcement would cause harm before the application is decided. The court may make the stay conditional on security.

6. Cross-border cases: defendants abroad and foreign creditors

The defendant lives outside Israel

Service abroad is allowed only on the grounds listed in Regulation 166, such as a claim about land in Israel, a contract connected to Israel, or an act or omission in Israel. The claimant files a written application, supported by an affidavit, asking the court to set the method of service (Regulation 167). Israel is a party to the 1965 Hague Service Convention, so service in another member state often goes through that state's central authority, which takes time. A defendant served abroad who wants to contest Israeli jurisdiction, or argue that Israel is the wrong forum, must do so no later than the deadline for the defence. The time for the defence then runs from the court's decision on that challenge (Regulation 168).

For the creditor, the risk is a default judgment given on defective service abroad. It can be set aside as of right in Israel, and a court in the defendant's country is also likely to refuse to recognise it. Getting the service order right at the start saves the whole case.

A foreign creditor suing in Israel

A creditor abroad can sue an Israeli debtor in Israel in the ordinary way, through an Israeli lawyer acting under a power of attorney, and serve the claim domestically. If the debtor does not defend, the default judgment is enforced against Israeli assets through the Execution Office exactly as for a local creditor. For an undisputed fixed debt, it can be quicker to skip the lawsuit and file the claim directly at the Execution Office as a payment order, which becomes enforceable if the debtor does not object.

Enforcing the judgment outside Israel

If the debtor's assets are abroad, the Israeli judgment has to be recognised by a court in that country under its own rules or under a treaty with Israel. Many systems scrutinise default judgments more closely than contested ones, mainly on whether the defendant was properly served and had a fair chance to respond. Our guide on enforcing an Israeli judgment abroad covers the main countries.

In Practice: Consider a supplier in New Jersey owed money by a Tel Aviv importer who has stopped answering emails. The supplier's Israeli lawyer files in the Magistrates' Court, and the importer is served at its registered office. Sixty days later nothing has been filed, and the court gives judgment on the claim and invoices. The supplier opens an execution file and the importer's business account is attached. The importer then applies under Regulation 131 within the 30 days. Service was valid, so the court asks whether there is a real defence. If the importer can show the goods were defective and rejected in writing, the court may set the judgment aside on terms such as paying costs and providing a guarantee. If it cannot, the judgment stands and enforcement continues.

Frequently Asked Questions

Generally 60 days from service of the statement of claim (Regulation 9(b) of the Civil Procedure Regulations 5779-2018). Medical negligence claims allow 120 days, and the fast-track procedure allows 45 days. The court can extend the period, and until it has ruled on the claimant's request for judgment a late defence can still be filed, usually with a costs order.

Yes. Under Regulation 131 the defendant applies within 30 days of being served with the judgment. If the claim was never validly served, the court sets the judgment aside as of right. If service was valid, the court looks at why the defendant did not respond and, above all, whether there is a genuine defence, and it often imposes conditions such as costs or security.

Not automatically. Section 17(a) of the Execution Law 5727-1967 says a judgment is stayed only under that law or by a court order. A defendant whose accounts have been attached should ask the court for a stay of execution together with the set-aside application, and should expect the stay to be conditioned on security.

The creditor can open an execution file once the payment date in the judgment passes, or 30 days after the judgment if it sets no date (Execution Law s.6(b)). The debtor then gets a warning and 20 days to pay or respond, after which the creditor can seek attachment of bank accounts, wages and property, and in some cases an order preventing the debtor from leaving Israel.

Yes, on the same terms as an Israeli creditor. The claim is filed through an Israeli lawyer, served on the debtor in Israel, and if no defence is filed within 60 days the court can give judgment under Regulation 130. The judgment is enforced against Israeli assets through the Execution Office. Enforcement abroad requires recognition by a court in the debtor's country, where proper service will be examined closely.