ANSWER TO SMALL CLAIMS COMPLAINT

(California Small Claims Court – Code Civ. Proc. §§ 116.110 et seq.)
[// GUIDANCE: Delete this parenthetical citation if you prefer to omit statutory references. It has been included only to identify the statutory scheme that governs California Small Claims proceedings.]

DOCUMENT HEADER

COURT: [COURT NAME, SMALL CLAIMS DIVISION]
COURT ADDRESS: [STREET], [CITY], CA [ZIP]
PLAINTIFF(S): [PLAINTIFF NAME(S)]
DEFENDANT(S): [DEFENDANT NAME(S)]
CASE NO.: [CASE NUMBER]
HEARING DATE: [HEARING DATE, IF KNOWN]

TABLE OF CONTENTS

1. Party Identification & Jurisdictional Allegations
2. General Denial and Specific Responses
3. Affirmative Defenses
4. Counterclaim (Optional)
5. Prayer for Relief
6. Verification
7. Proof of Service

[// GUIDANCE: Delete the Table of Contents in shorter pleadings if not required by local rule or court preference.]

1. PARTY IDENTIFICATION & JURISDICTIONAL ALLEGATIONS

1.1 Defendant [DEFENDANT NAME] (“Defendant”) is an individual residing at [ADDRESS, CITY, STATE, ZIP], and submits this Answer in response to the Small Claims Complaint (“Complaint”) filed by [PLAINTIFF NAME] (“Plaintiff”).

1.2 Defendant admits that venue is proper in this court under the California Small Claims Act.

1.3 Except as expressly admitted herein, Defendant denies, generally and specifically, each and every allegation contained in the Complaint and the whole thereof.

2. GENERAL DENIAL AND SPECIFIC RESPONSES

[// GUIDANCE:
(a) If you elect a “general denial,” use Paragraph 2.1 alone.
(b) If the court or local rule requires paragraph-by-paragraph responses, include Sub-Paragraph 2.[x] for each numbered allegation.]

2.1 Pursuant to Code Civ. Proc. § 431.30(d), Defendant generally and specifically denies each and every allegation of the Complaint and the whole thereof, and further denies that Plaintiff is entitled to any relief whatsoever.

2.2 [OPTIONAL SPECIFIC RESPONSE]
a. Answering Paragraph 1 of the Complaint, Defendant admits that [IF TRUE, E.G., “the parties entered into a written agreement dated 1 January 2024.”]
b. Answering Paragraph 2 of the Complaint, Defendant denies the allegations contained therein.
c. …continue as needed…

3. AFFIRMATIVE DEFENSES

[// GUIDANCE: Plead every potentially applicable defense; unpled defenses may be deemed waived. Remove those that clearly do not apply.]

Defendant alleges the following affirmative defenses without conceding the burden of proof on any issue and expressly reserves the right to amend or supplement these defenses upon discovery of additional facts:

A. Failure to State a Claim – The Complaint fails to allege facts sufficient to constitute a cause of action.
B. Lack of Subject-Matter Jurisdiction – The amount in controversy exceeds/does not meet the statutory limits of this Court.
C. Statute of Limitations – Plaintiff’s claim is barred in whole or part by the applicable limitation period.
D. Payment and Accord & Satisfaction – Any obligation, if owed, has been satisfied, released, or compromised.
E. Offset/Set-off – Any amounts that may be due to Plaintiff are subject to lawful set-off for sums owed to Defendant.
F. Failure of Consideration – Plaintiff failed to provide consideration or breached first.
G. Breach by Plaintiff – Plaintiff materially breached the underlying agreement, if any.
H. Unclean Hands – Plaintiff’s own wrongful conduct bars or limits recovery.
I. Laches – Plaintiff unreasonably delayed, causing prejudice to Defendant.
J. Waiver & Estoppel – Plaintiff knowingly relinquished any alleged rights and is estopped from asserting them.
K. Lack of Standing – Plaintiff is not the real party in interest.
L. Reservation – Defendant reserves all additional defenses that may arise through discovery.

4. COUNTERCLAIM (OPTIONAL)

[// GUIDANCE: A Defendant’s Claim in Small Claims must be filed on Judicial Council form SC-120 and timely served. Insert this section ONLY if you intend to assert a counterclaim and will file Form SC-120. Deadlines vary; confirm local rules.]

4.1 Defendant brings a counterclaim against Plaintiff in the amount of $[COUNTERCLAIM AMOUNT] arising out of [COUNTERCLAIM BASIS, e.g., “Plaintiff’s breach of the same contract”].

4.2 All prerequisites to this Defendant’s Claim have been satisfied.

4.3 Defendant seeks judgment on the counterclaim in the amount stated, plus allowable costs and interest.

5. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court enter judgment as follows:
a. That Plaintiff take nothing by the Complaint;
b. That the Complaint be dismissed with prejudice;
c. That judgment be entered in favor of Defendant on any counterclaim asserted herein;
d. For costs of suit and permissible fees; and
e. For such other and further relief as the Court deems just and proper.

6. VERIFICATION

I, [DEFENDANT NAME], am the Defendant in this action. I have read the foregoing Answer (and any Counterclaim) and the matters stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters I believe them to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: __ [DATE] __       City: __ [CITY] __

___________________________________
[DEFENDANT SIGNATURE]
[DEFENDANT PRINTED NAME]

7. PROOF OF SERVICE

[// GUIDANCE: Service requirements vary by county and method. This template presumes personal or mail service under Cal. Rules of Court, rule 3.110. Modify as needed.]

I am over the age of 18 and not a party to this action. I served a copy of the foregoing ANSWER TO SMALL CLAIMS COMPLAINT (and Counterclaim, if applicable) on:

Plaintiff: [PLAINTIFF NAME & ADDRESS]

☐ By personal service ☐ By first-class mail, postage prepaid
Date of Service: ____/____/______
Place of Service (if personal): [ADDRESS]

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

___________________________________
[NAME OF SERVER]
[ADDRESS OF SERVER]
[PHONE]

[// GUIDANCE TO PRACTITIONER:
1. Confirm whether your local small-claims rules require filing this Answer or if presentation at the hearing is sufficient.
2. If asserting a Counterclaim, file Judicial Council Form SC-120 and pay any required fees.
3. Strictly observe service deadlines (often 5–15 days before the hearing, depending on method and county).
4. Attach any supporting exhibits you intend to present, and bring originals plus copies to the hearing.
5. Small Claims courts prohibit attorney representation at the hearing except as allowed under Code Civ. Proc. § 116.530; plan accordingly.
6. Retain proof of service and bring it to court.]