blog.cat.rights6 min read9/27/2026

Default Judgment Without the Claim: How to Ask an Israeli Court to Cancel It

Discovering a judgment only after the case has ended does not necessarily mean the result is final. Under Regulation 131 of Israel’s Civil Procedure Regulations, 2018, the critical questions are when the judgment was served, whether the claim was properly served, and whether there is a genuine defence.

Numbers and facts

•30 days from service to request cancellation
•60 days to appeal after service of the cancellation decision
•Regulation 131 governs ex parte cancellation
•Court recess periods are ordinarily excluded
•1 copy of the application must be served on the claimant

The clock starts with service—not the judgment date

A request to cancel an ex parte judgment must generally be filed within 30 days from the day the judgment was served on the defendant. Regulation 179 provides that procedural time ordinarily begins when the relevant document is served; court recess periods are not counted unless the court orders otherwise. The application goes to the same court that issued the judgment, and a copy must be served on the claimant. If the 30-day period has passed, the defendant should also request an extension and explain the delay rather than ignore it.

First inspect how the claim was supposedly delivered

Before writing the application, inspect the court file for the document used to prove service of the claim or hearing notice. Check the stated address, delivery date, recipient’s identity and any confirmation or affidavit of service against documents showing where you actually lived or operated. A claimant seeking judgment for failure to defend must demonstrate that the claim was served according to law. Simply saying “I never received it” is weaker than identifying the precise defect and supporting it with records.

Defective service can trigger cancellation as a matter of justice

Israeli case law distinguishes between two routes. If the court was not entitled to proceed in the defendant’s absence—for example, because the defendant was not properly summoned—the judgment may be cancelled as a matter of justice because the defect goes to the root of the proceeding. The Supreme Court described this distinction in CA 5000/92 Ben-Zion v. Gorni. The focus in this route is the procedural defect, not whether the judge’s original conclusion looked persuasive.

If service was valid, the defence becomes central

Where service was proper but the defendant missed the deadline or hearing, cancellation is discretionary. The court considers why the default occurred and whether the proposed defence has a real prospect of changing the outcome; the defence prospects generally carry greater weight. A useful application therefore explains both issues concretely: what caused the failure and which allegations, payments, agreements or calculations are disputed. Vague claims of unfairness do not show why reopening the case would serve a purpose.

Cancellation may come with costs—and enforcement may continue

Regulation 131 allows the court to cancel the judgment on conditions it considers appropriate. The court may order the applicant to pay the claimant’s legal costs and may make cancellation conditional on payment; the supplied material gives no fixed shekel amount. If enforcement proceedings have already begun, cancellation can allow the Enforcement and Collection Authority registrar to order restoration of the previous position. Because enforcement can create immediate consequences, a separate request to stay execution may also need to be considered rather than assuming the cancellation request freezes collection.

FAQ

What if I never received the statement of claim?

Inspect the proof of service in the court file and compare its address, date and recipient with objective records. If service was legally defective, argue for cancellation as a matter of justice and attach documents supporting the defect.

Is saying that I moved home enough to cancel the judgment?

Not by itself. Explain when you moved, what address appeared in the service record, who allegedly accepted the papers and why that delivery was ineffective, supported where possible by address or occupancy records.

What if I received the claim but forgot to file a defence?

The judgment is not automatically cancelled. The court will consider the reason for the omission and, importantly, whether you present a concrete defence with a genuine prospect of success; it may also impose costs or other conditions.

Can I apply more than 30 days after receiving the judgment?

The ordinary deadline under Regulation 131 is 30 days from service. If it has expired, an application for an extension should accompany the cancellation request and explain the delay with supporting material.

Does applying for cancellation stop enforcement proceedings?

Do not assume that it does. Where collection has begun, a separate request to stay execution may be relevant; if the judgment is ultimately cancelled, the Enforcement and Collection Authority registrar may order restoration of the prior position.

What to do next

Record the exact date and method by which you received the judgment, obtain the court file, and examine the proof of service immediately. Prepare a chronological explanation supported by documents, identify the service defect or the reason for the default, and set out the proposed defence in concrete terms. This is general procedural information, not legal advice for a particular case.