IN THE DISTRICT COURT FOR THE STATE OF ALASKA
[PLACEHOLDER] Judicial District – Small Claims Division
[PLAINTIFF NAME],
Plaintiff,
v.
[DEFENDANT NAME],
Defendant.
| Case No.: | [______] |
| Filing Date: | [______] |
DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND OPTIONAL COUNTERCLAIM
(Alaska Small Claims)
[Effective Date: ___]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Answer)
- Affirmative Defenses
- Counterclaim (Optional)
- General Provisions & Prayer for Relief
- Verification / Certificate of Service
- Execution Block
[Page numbers auto-generate when finalized]
1. DOCUMENT HEADER
A. Parties
1. “Plaintiff” means [PLAINTIFF NAME], an individual/entity with principal address at [____].
2. “Defendant” means [DEFENDANT NAME], an individual/entity with principal address at [____].
B. Jurisdiction & Venue
1. This Answer is filed pursuant to the Alaska Small Claims Rules (“ASCR”).
2. Venue is proper in this Court because the claim arose in this Judicial District and the amount in controversy does not exceed the small-claims jurisdictional limit of $10,000 (exclusive of costs, interest, and allowable attorney fees).
C. Timeliness
1. Defendant was served on [DATE OF SERVICE].
2. Pursuant to ASCR, an Answer must be filed within twenty (20) calendar days of service. This Answer is therefore timely / untimely. [Select one and explain if untimely].
[// GUIDANCE: Alaska permits the Defendant to request a hearing date extension at the time of filing the Answer; include such a request here if needed.]
2. DEFINITIONS
For clarity in this pleading, the following capitalized terms have the meanings assigned below:
“Action” – the above-captioned small claims lawsuit.
“Complaint” – Plaintiff’s Statement of Claim filed on [DATE].
“Counterclaim” – any claim asserted by Defendant herein against Plaintiff under ASCR 8(b).
“Court” – the District Court for the State of Alaska, Small Claims Division, identified in the caption.
3. OPERATIVE PROVISIONS – ANSWER TO COMPLAINT
[// GUIDANCE: Best practice is to mirror each paragraph number used in the Complaint; add or delete rows as necessary.]
| Complaint ¶ | Defendant’s Response |
|---|---|
| 1 | Admit / Deny / Lack sufficient knowledge and therefore deny. |
| 2 | Admit / Deny / Lack sufficient knowledge and therefore deny. |
| 3 | Admit / Deny / Lack sufficient knowledge and therefore deny. |
| … | … |
A. General Denial
Except as expressly admitted above, Defendant denies each and every allegation of the Complaint and demands strict proof thereof.
B. Specific Denials & Admissions
Defendant incorporates the responses in the table above as though fully set forth herein.
4. AFFIRMATIVE DEFENSES
Without conceding any burden of proof and expressly reserving the right to amend, Defendant asserts the following defenses pursuant to Alaska Civil Rule 8(c) (as incorporated by ASCR):
- Failure to State a Claim – The Complaint fails to state facts sufficient to constitute a cause of action.
- Lack of Consideration – No enforceable contract exists due to absence of consideration.
- Payment and Release – The debt, if any, has been fully paid, satisfied, or released.
- Statute of Limitations – Plaintiff’s claims are barred, in whole or in part, by applicable limitation periods under Alaska law.
- Accord and Satisfaction – Any obligation was discharged by accord and satisfaction.
- Set-off / Recoupment – Defendant is entitled to offset any judgment by amounts owed by Plaintiff.
- Waiver & Estoppel – Plaintiff’s conduct constitutes waiver of, and/or estops Plaintiff from asserting, certain claims.
- Failure of Mitigation – Plaintiff failed to mitigate alleged damages.
- Lack of Standing – Plaintiff lacks legal capacity or standing to sue.
- Any Other Defenses – Defendant reserves the right to assert additional defenses that become known through discovery or trial preparation.
[// GUIDANCE: Delete defenses that are inapplicable; add fact-specific defenses (e.g., Truth, Privilege) when relevant.]
5. COUNTERCLAIM (OPTIONAL)
[Use if Defendant seeks affirmative relief. Remove entire Section if unused.]
A. Nature of Counterclaim
1. Defendant asserts a claim against Plaintiff for [e.g., Breach of Contract] arising from [brief description of facts].
2. Amount in controversy is $[__], within the jurisdictional limit of small claims.
B. Factual Allegations
1. On or about [DATE], Plaintiff [state conduct giving rise to counterclaim].
2. As a direct and proximate result, Defendant incurred damages of $[____].
C. Demand for Relief
Defendant demands judgment against Plaintiff for:
a. Compensatory damages of $[____];
b. Pre- and post-judgment interest as allowed by law;
c. Costs and any allowable attorney fees; and
d. Such other and further relief as the Court deems just and equitable.
[// GUIDANCE: Alaska small claims permits counterclaims so long as the amount sought is ≤ $10,000 exclusive of interest and costs. If larger, consider a motion to transfer to the regular civil docket.]
6. GENERAL PROVISIONS & PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that the Court:
1. Dismiss the Complaint with prejudice;
2. Enter judgment in favor of Defendant on all claims;
3. Award Defendant costs and any allowable attorney fees;
4. Grant such other and further relief as is just and proper under the circumstances.
7. VERIFICATION / CERTIFICATE OF SERVICE
A. Verification (required if Defendant lacks counsel)
I, [DEFENDANT NAME], declare under penalty of perjury that the foregoing statements are true to the best of my knowledge, information, and belief.
Date: ___ Signature: _______
B. Certificate of Service
I certify that on [DATE], a true and correct copy of this Answer (and Counterclaim, if any) was served upon Plaintiff by:
☐ First-Class U.S. Mail to: [PLAINTIFF ADDRESS]
☐ Hand Delivery
☐ E-mail (by written agreement of the parties under ASCR)
Signature: _______
8. EXECUTION BLOCK
Respectfully submitted,
[DEFENDANT NAME]
Mailing Address: [____]
Phone: [__] | Email: [____]
—or—
[ATTORNEY NAME], Alaska Bar No. [_]
Attorney for Defendant
Law Firm: [___]
Address: [___]
Phone: [__] | Email: [____]
[// GUIDANCE:
1. E-FILING—If filed electronically through TrueFiling, retain original signatures pursuant to Alaska Admin. Rule 45.
2. HEARING DATE—After filing, check the Court’s notice for assigned hearing date; timely serve any Counterclaim on Plaintiff.
3. AMENDMENTS—Under ASCR, amendments are permitted with leave of court or written consent of the opposing party.
4. REMOVAL—Either party may move to transfer to the regular civil docket if complexity, discovery needs, or amount exceeds limits.]