DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

[IN THE SMALL CLAIMS DIVISION OF THE ___ COUNTY JUSTICE COURT, STATE OF ARIZONA]

Case No.: [___]

(Assigned to the Honorable ☐)

DOCUMENT HEADER

Defendant [DEFENDANT NAME] (“Defendant”) hereby submits this timely Answer to the Small Claims Complaint (“Complaint”) filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”) on [DATE OF SERVICE], together with all duly-asserted Affirmative Defenses and any permissive Counterclaim within the jurisdictional limit of the Arizona Small Claims Division.

[// GUIDANCE: Replace bracketed text with case-specific information. Verify that this Answer is filed not later than 20 calendar days after service of the summons/complaint as required under Arizona small-claims procedure.]

I. PRELIMINARY STATEMENT

1. Defendant appears pro se / by counsel (select one) in accordance with Arizona Small Claims Rules.
2. All allegations not expressly admitted are hereby denied.

II. ANSWERS TO NUMBERED ALLEGATIONS

Defendant responds to the Complaint paragraph-by-paragraph as follows:

[// GUIDANCE: Mirror the numbering used in Plaintiff’s Complaint verbatim. If you lack sufficient knowledge to admit or deny, state “Defendant lacks knowledge or information sufficient to form a belief as to the truth of the allegation, and therefore denies the same.”]

III. AFFIRMATIVE DEFENSES

Subject to further investigation and discovery (if permitted), Defendant asserts the following defenses without admitting any factual or legal burden not otherwise imposed by law. Each defense is pleaded in the alternative, as separate and independent grounds for relief:

1. Failure to State a Claim
2. Lack of Standing / Real Party in Interest
3. Statute of Limitations
4. Payment, Accord, and Satisfaction
5. Set-Off and/or Recoupment
6. Estoppel, Waiver, and Laches
7. Unclean Hands
8. Illegality / Void as Against Public Policy
9. Failure to Mitigate Damages
10. Unjust Enrichment
11. Reservation of Additional Defenses
    Defendant reserves the right to assert additional defenses as they become known.

[// GUIDANCE: Delete defenses that are clearly inapplicable; add any statutory defenses specific to the underlying claim (e.g., Truth-in-Lending, Fair Debt Collection).]

IV. COUNTERCLAIM (If Any)

(Proceed only if Defendant has a money claim not exceeding the small-claims jurisdictional cap—currently \$3,500 exclusive of costs and interest.)

1. Parties
   a. Counter-Claimant: [DEFENDANT NAME].
   b. Counter-Defendant: [PLAINTIFF NAME].

2. Jurisdiction & Venue
   This Counterclaim is properly brought in the Small Claims Division because the amount in controversy does not exceed the statutory limit and arises from the same transaction/occurrence alleged in the Complaint.

3. Factual Allegations
   [Brief, numbered statements of fact supporting the counterclaim.]

4. Claim for Relief
   [E.g., Breach of Contract, Property Damage, Money Had and Received, etc.]

5. Damages
   Counter-Claimant seeks judgment in the amount of \$[___] together with allowable court costs, pre- and post-judgment interest, and such other relief the Court deems just.

[// GUIDANCE: Omit this entire section if no counterclaim is asserted. Arizona small-claims rules require the counterclaim to be filed with the Answer or it may be barred.]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss the Complaint with prejudice and award judgment in favor of Defendant;
B. Enter judgment on any Counterclaim in the amount stated above (if asserted);
C. Award Defendant allowable court costs and such other and further relief as the Court deems just and proper.

VI. VERIFICATION

I, [DEFENDANT NAME], declare under penalty of perjury under the laws of the State of Arizona that the foregoing is true and correct to the best of my knowledge, information, and belief.

Date: [___]               __________________________________
                      [DEFENDANT NAME], Declarant

VII. CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing Answer (and Counterclaim, if any) was mailed / hand-delivered / electronically served (select one) to:

Plaintiff: [PLAINTIFF NAME & ADDRESS]
on this ___ day of __________, 20___.

__________________________________
[DEFENDANT NAME OR COUNSEL]
[Address]
[Phone]
[Email]

[// GUIDANCE: Arizona small claims allows service by first-class mail unless the Court orders otherwise. Retain proof of mailing.]