The practical framework
This guide provides a structured overview of setting aside a default judgment under Israeli law and identifies the records, deadlines, and official sources that should be checked before action is taken.
Reviewing service
Determine whether the initiating document and hearing notice were lawfully served and whether the record accurately identifies method, address, recipient, and date.
- Keep the envelope and delivery record
- Obtain the process server's affidavit
- Compare the address with contemporaneous records
Reason for the default
Explain the chronology honestly and support illness, nonreceipt, error, reliance, or another reason with objective evidence.
- Account for the entire period
- File promptly after learning of judgment
- Avoid unsupported general assertions
Defense on the merits
Present a concrete prima facie defense addressing liability and remedy; the court generally does not conduct the full trial on the motion.
- Attach key contracts and payments
- Address the claim paragraph by paragraph
- Consider conditions, costs, and a stay of enforcement
Official sources
Verify current forms, procedures, and information through the official sources below.
Is cancellation automatic if no defense was filed?
No. The basis may be defective service or judicial discretion, each with different analysis.
Should enforcement be addressed separately?
Yes. A cancellation motion does not always stay enforcement.
Must the complete defense be filed?
Procedure varies, but the motion should show a real defense supported by evidence.