ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

IN THE DISTRICT COURT OF [COUNTY] COUNTY, ALABAMA

SMALL CLAIMS DIVISION

Plaintiff: [PLAINTIFF LEGAL NAME]
Defendant: [DEFENDANT LEGAL NAME]
Case No.: [ASSIGNED CASE NUMBER]

[// GUIDANCE: Replace all bracketed placeholders before filing. Verify local filing, service, and formatting requirements with the clerk of the Small Claims Division for the relevant county.]

TABLE OF CONTENTS

1. Preliminary Statements
2. General Response to Allegations
3. Affirmative Defenses
4. Compulsory Counterclaim (If Any)
5. Prayer for Relief
6. Verification (If Required)
7. Certificate of Service

1. PRELIMINARY STATEMENTS

1.1 Defendant [DEFENDANT LEGAL NAME] (“Defendant”) appears through the undersigned and files this Answer pursuant to the Alabama Small Claims Rules within the applicable fourteen-day deadline following service of the Statement of Claim.
1.2 Defendant admits, denies, or states lack of knowledge regarding each numbered allegation of the Statement of Claim as set forth in Section 2 below.
1.3 Nothing herein shall be construed as a waiver of any right available to Defendant under the United States Constitution, the Constitution of the State of Alabama, or applicable statutes and rules.

2. GENERAL RESPONSE TO ALLEGATIONS

[// GUIDANCE: Mirror the exact numbering used in Plaintiff’s Statement of Claim. If the complaint is unnumbered, re-number each separable allegation for clarity.]

[// GUIDANCE: A simple “General Denial” is permissible in Alabama small claims practice. However, a paragraph-by-paragraph response is preferable for clarity.]

3. AFFIRMATIVE DEFENSES

Without admitting any liability and expressly preserving all defenses, Defendant asserts the following affirmative defenses. Each defense is pled in the alternative and/or in addition to all others. Defendant reserves the right to amend these defenses as discovery or investigation proceeds.

3.1 Failure to State a Claim: Plaintiff’s Statement of Claim fails to set forth facts sufficient to constitute a cause of action upon which relief may be granted.
3.2 Lack of Standing: Plaintiff lacks the legal capacity or standing to assert the claims alleged.
3.3 Payment and/or Accord and Satisfaction: The debt or obligation, if any, has been fully or partially satisfied.
3.4 Statute of Limitations: Plaintiff’s claims are barred, in whole or in part, by the applicable limitations period.
3.5 Estoppel, Waiver, and/or Laches: By its own conduct, Plaintiff is estopped from asserting the claims, or has waived them, or has unreasonably delayed to Defendant’s prejudice.
3.6 Failure of Consideration: No valid consideration supports the alleged obligation.
3.7 Set-Off/Recoupment: Any recovery by Plaintiff must be reduced by amounts Plaintiff owes to Defendant.
3.8 Improper Service: Service of process was insufficient and/or untimely.
3.9 Unclean Hands: Plaintiff’s inequitable conduct bars or diminishes the requested relief.
3.10 Reservation of Additional Defenses: Defendant reserves the right to assert any other defenses that become apparent.

[// GUIDANCE: Alabama Small Claims Rules require affirmative defenses to be pled or they are waived. Delete any defenses that are clearly inapplicable; add any additional, fact-specific defenses.]

4. COMPULSORY COUNTERCLAIM (IF ANY)

[// GUIDANCE: Under Alabama Small Claims practice, a counterclaim that “arises out of the same transaction or occurrence” must be asserted with the Answer and must not exceed the current small-claims jurisdictional limit (presently $[LIMIT]). Omit this entire section if no counterclaim is asserted.]

4.1 Counterclaim Defendant: [PLAINTIFF LEGAL NAME] (“Counterclaim Defendant”).
4.2 Factual Basis: (Describe facts giving rise to counterclaim in numbered paragraphs.)
4.3 Damages Sought: Defendant demands judgment against Counterclaim Defendant in the amount of $[AMOUNT] plus court costs and any other relief deemed just.

5. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

a. Dismiss Plaintiff’s Statement of Claim with prejudice;
b. Enter judgment in favor of Defendant and against Plaintiff on all claims;
c. Award Defendant costs incurred herein and such other relief as the Court deems just and proper; and
d. (If a counterclaim is pled) Enter judgment for Defendant on the Counterclaim in the amount of $[AMOUNT] plus costs.

6. VERIFICATION (If Required)

[// GUIDANCE: A verified Answer is generally not required in Alabama small claims cases unless the underlying claim is verified or local rules demand it. Confirm with local practice before including.]

I, [DEFENDANT NAME], being duly sworn, state that I have read the foregoing Answer and that the statements contained therein are true and correct to the best of my knowledge, information, and belief.

[DEFENDANT NAME]
Date: ____

Subscribed and sworn before me on ____, 20____.

Notary Public
My Commission Expires: __

7. CERTIFICATE OF SERVICE

I certify that on the ___ day of _, 20_, I served a true and correct copy of the foregoing Answer (and Counterclaim, if any) upon:

Plaintiff/Attorney for Plaintiff: [NAME & ADDRESS]

by ☐ U.S. Mail ☐ Hand Delivery ☐ Certified Mail Return Receipt Requested ☐ Other: ______.

[DEFENSE COUNSEL NAME OR PRO SE DEFENDANT]
[ADDRESS]
[PHONE]
[EMAIL]

[// GUIDANCE:
1. Filing: File the original Answer with the Clerk of the District Court (Small Claims Division) and pay any required appearance fee.
2. Service: Serve Plaintiff the same day the Answer is filed. Keep proof of service for court.
3. Amendments: Amendments to pleadings are permitted upon leave of court or written consent of the adverse party; see Alabama Small Claims Rules.
4. Discovery & Trial: Limited discovery may be permitted; consult the judge’s standing order. Trial is informal but testimonial evidence and exhibits should be prepared as for any civil proceeding. No jury is available in Small Claims Division.
]

RESPECTFULLY SUBMITTED,

[DEFENSE COUNSEL NAME], Esq. (ASB _____)
[LAW FIRM NAME]
[STREET ADDRESS]
[CITY], AL [ZIP]
Telephone: ([###]) ###-####
Email: [EMAIL]

Attorney for Defendant
—or—

[DEFENDANT NAME] (Pro Se)

Date: ____