A motion for a judgment in the absence of a defense can only be filed if the defendant has not filed a defense by the expiration of the deadline relevant to the procedure you have taken. For example: In a lawsuit under ordinary law, the deadline for filing A defense is due within 60 days. From the date of invention Claim To the defendant, and within the framework A lawsuit in a speedy trialThe deadline for filing a defense is within 45 days from the date the statement of claim is served on the defendant.
If the defendant did not file a defense but filed a request for an extension of time to file Defense, you will not receive Judgment in the absence of a defense, as long as the defendant's request for an extension is not decided.
The purpose of a motion for a default judgment is to get the judge to give you a judgment against the defendant. If the defendant does not comply with the provisions of the judgment, you can take enforcement proceedings against the defendant.
To obtain a judgment that is exactly what you need (and in accordance with what is alleged and required in the statement of claim itself), you can submit the ruling along with your request for a default judgment. The ruling is actually a judgment drafted by the plaintiff for the judge, and assuming the judge agrees with everything written in the ruling, he will simply sign and approve it. After the judge signs the ruling, it becomes a judgment for all intents and purposes.
A motion for a default judgment must include, in addition to its ruling, a confirmation of service and an affidavit of service proving that the statement of claim was served on the defendant, or, alternatively, that a substitute for service of the statement of claim was made in the form of affixing the statement of claim to the door of the defendant's house, After three visits to the placeIn these cases It is important to ensure that the address where the lawsuit was affixed to the door of the defendant's house is the same address listed with the Population Authority..
If you have filed a motion for a default judgment and the judgment has actually been granted to you, it is important to know that the defendant has the option to file Request to annul a judgment in the absence of a defense and argue that the verdict should be overturned From the duty of justiceIf a request is indeed filed to annul a judgment, you will have the option to file Opposition to a request to quash a judgment.
Request for a default judgment
Regarding:
The plaintiff:
שם התובע, ת"ז: _________________
________________ Street
Tel: ___________
ע"י ב"כ עוה"ד אדי בליטשטיין (מ.ר. 60023)
13 HaHagana St., Rishon LeZion (Yaron Miller Tower, Office 501)
Tel: 03-6427876; Fax: 077-4704697
N G D
The defendant:
- קרסו מוטורס בע"מ: 514065283
הסרן 1, בני עי"ש 6086000
Request for a default judgment
Or alternatively, a request for payment of legal costs.
The Honorable Court is hereby requested to give a judgment in the absence of a defense, and alternatively, to the extent that a defense or a request for an extension of time for filing a defense is filed after the filing of this request, to order the defendant to pay legal costs due to its violation of the provisions of Regulation 176(b) of theתקסד"א.
Her ruling for signature is attached to this application.
Emphasis is not in the original unless otherwise noted.
These are the reasons for the request:
- The statement of claim was served on the defendant on _______. The deadline for filing a statement of defense, taking into account the summer recess and the recess of the war with Iran, expired on ________.
Appendix 1: Affidavit of service, confirmation of service, method of calculating the deadline for filing a defense.
- עד למועד זה לא הוגש כתב הגנה או בקשה להארכת מועד להגשת כתב הגנה, וזאת למרות שייפוי כוח מטעם הנתבעת הוגש לתיק זה עוד ביום ________, וב"כ הנתבעת אף צפה בכתב התביעה ביום _________.
- Under these circumstances, the plaintiff is entitled to a judgment in the absence of a defense.
- If, after submitting this application, a defense is suddenly submitted (and without permission) to the court case, then there is no reason to accept it by virtue of Regulation 176(b), which states as follows:
"בית המשפט רשאי לתת הוראות בדבר היקף כתב טענותIf these regulations or any legislation stipulates a time limit for doing or refraining from doing something or a measure for the scope of a pleading, the aforementioned shall apply as long as the court does not order otherwise for special reasons.."
- As stated, no request was submitted on behalf of the defendant, and no explanation was given for its omissions. Permission was not granted to file a defense late, and certainly no special reasons were given for this.
- If, nevertheless, the Honorable Court is convinced that the defense to the case should be accepted, it is hereby requested to be imposed on the defendant Legal expenses For her negligence.
_______________
עו"ד אדי בליטשטיין
ב"כ התובע
Magistrate's Court ת"א ___________
In Rishon LeZion
Regarding:
The plaintiff:
שם התובע, ת"ז: _______________
________________ Street
Tel: _________________
ע"י ב"כ עוה"ד אדי בליטשטיין (מ.ר. 60023)
13 HaHagana St., Rishon LeZion (Yaron Miller Tower, Office 501)
Tel: 03-6427876; Fax: 077-4704697
N G D
The defendant:
- קרסו מוטורס בע"מ: 514065283
הסרן 1, בני עי"ש 6086000
Judgment
According to the confirmation of delivery and the affidavit of delivery filed together with the motion for a default judgment, the deadline for filing a defense in this case expired on ________.
As of the date of this decision, no defense or request for an extension of time has been filed.
Therefore, I accept the claim against the defendant based on what is stated in the statement of claim, and order as follows:
- The defendant will pay the plaintiff a total of 79,250 NIS.
- The defendant will pay the plaintiff the payment he made for the court fee, in the amount of NIS 990.63.
- All payments will be made within 30 days from today at the latest.
- If any of the payments are not paid on time, it will accrue interest and linkage from the date the claim is filed until actual payment.
| ___________________ | ___________________ |
| date | signature |
