IN THE ___ COUNTY COURT

STATE OF COLORADO – SMALL CLAIMS DIVISION

Plaintiff: [PLAINTIFF NAME]
Defendant: [DEFENDANT NAME]

Case No.: [CASE NUMBER]
Division [DIVISION] | Courtroom [COURTROOM]

DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

(Colo. R. Civ. P. 501–521)

[// GUIDANCE: File this pleading on or before the “Return Date” stated in the Summons to comply with Colo. R. Civ. P. 508(c)(1). If asserting a Counterclaim, serve it not less than 48 hours before the scheduled trial. Colo. R. Civ. P. 511(b)(1).]

I. APPEARANCE & IDENTIFICATION

1. Defendant [DEFENDANT NAME] (“Defendant”) appears through undersigned counsel [LAW FIRM / ATTORNEY NAME, BAR NO.] and submits this Answer, Affirmative Defenses, and Counterclaim in response to the Verified Complaint (“Complaint”) filed by [PLAINTIFF NAME] (“Plaintiff”).

2. Service & Jurisdiction. Defendant was served on [DATE OF SERVICE]. Defendant does [admit/deny] that this Court has subject-matter jurisdiction under C.R.S. § 13-6-403 and venue is proper in this County pursuant to C.R.S. § 13-6-404.

II. ANSWER

[// GUIDANCE: Choose A (general denial) OR B (paragraph-by-paragraph).]

A. General Denial (Colo. R. Civ. P. 508(e))

Except as specifically admitted herein, Defendant denies each and every allegation of the Complaint and demands strict proof thereof at trial.

—OR—

B. Paragraph-by-Paragraph Response

1. Paragraph 1: [ADMIT/DENY/STATE NO KNOWLEDGE].
2. Paragraph 2: [ADMIT/DENY/STATE NO KNOWLEDGE].
3. Paragraph 3: [ADMIT/DENY/STATE NO KNOWLEDGE].
   …continue as needed…

III. AFFIRMATIVE DEFENSES

Without admitting any liability and expressly reserving all rights, Defendant asserts the following defenses under Colo. R. Civ. P. 8(c) and applicable law. Discovery and investigation are ongoing; Defendant reserves the right to amend and/or assert additional defenses as warranted.

1. Failure to State a Claim. The Complaint fails to state facts sufficient to constitute a claim upon which relief can be granted.
2. Payment / Accord & Satisfaction. Any amount claimed has been fully paid, offset, or otherwise satisfied.
3. Statute of Limitations. Plaintiff’s claims are barred by the applicable statute(s) of limitation, including but not limited to C.R.S. § 13-80-101 et seq.
4. Lack of Personal Jurisdiction / Insufficient Service of Process. Service was improper under Colo. R. Civ. P. 504–506.
5. Estoppel, Waiver & Laches. Plaintiff’s conduct bars recovery under equitable principles.
6. Set-Off / Recoupment. Any recovery by Plaintiff must be reduced by sums owed to Defendant.
7. Failure to Mitigate. Plaintiff failed to take reasonable steps to mitigate alleged damages.
8. Reservation. Defendant reserves the right to assert any additional affirmative defenses that become known through discovery.

IV. COUNTERCLAIM (Optional)

[Only include if Defendant has a claim arising from the same transaction or occurrence. Maximum jurisdictional limit is $7,500 (C.R.S. § 13-6-403).]

1. Parties. Counter-Claimant is [DEFENDANT NAME]; Counter-Defendant is [PLAINTIFF NAME].
2. Jurisdiction & Venue. This Counterclaim is within the jurisdictional limit of Colorado Small Claims Court and arises out of the same transaction alleged in the Complaint.
3. Factual Allegations.
   a. On [DATE], Counter-Defendant [DESCRIBE ACTION].
   b. As a direct result, Counter-Claimant incurred damages of $[AMOUNT].
4. Claim for Relief – [BREACH OF CONTRACT / UNJUST ENRICHMENT / NEGLIGENCE]. Counter-Defendant’s conduct constitutes [LEGAL THEORY], entitling Counter-Claimant to relief.
5. Damages. Counter-Claimant seeks judgment against Counter-Defendant for $[AMOUNT], plus costs and statutory interest.

[// GUIDANCE: Serve this Counterclaim on Plaintiff at least 48 hours before trial per Colo. R. Civ. P. 511(b)(1).]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss Plaintiff’s Complaint with prejudice;
B. Enter judgment in favor of Defendant on all claims;
C. Enter judgment for Defendant on the Counterclaim in the amount of $[AMOUNT] plus costs, pre- and post-judgment interest as allowed by C.R.S. § 5-12-102;
D. Award Defendant costs, expert witness fees, and statutory fees as permitted by C.R.S. § 13-16-122; and
E. Grant such other and further relief as the Court deems just and proper.

VI. RESERVATION OF RIGHTS

Defendant reserves the right to amend this pleading to add, delete, or modify defenses or claims as discovery proceeds, pursuant to Colo. R. Civ. P. 15.

VII. VERIFICATION (Optional)

I, [DEFENDANT NAME], being first duly sworn, state that I have read the foregoing Answer, Affirmative Defenses, and Counterclaim and know the contents thereof; the same are true to the best of my knowledge, information, and belief.

Date: [DATE]

[DEFENDANT NAME], Defendant

Subscribed and sworn to before me on the _ day of _, 20__, by [DEFENDANT NAME].

Notary Public
My Commission Expires: ______

[// GUIDANCE: Verification is not required in Colorado small claims but may strengthen credibility if factual assertions are contested.]

VIII. SIGNATURE BLOCK

Respectfully submitted this [DATE].

[LAW FIRM NAME]
By: __________
[ATTORNEY NAME], # [BAR NUMBER]
[ADDRESS] | [PHONE] | [EMAIL]
Attorney for Defendant

IX. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], a true and correct copy of the foregoing DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM was [ ] e-filed via ICCES or [ ] placed in the U.S. Mail, first-class postage prepaid, and addressed to:

[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]

[NAME], [TITLE]

[// GUIDANCE: Service must be completed in accordance with Colo. R. Civ. P. 121 §1-26 and Colo. R. Civ. P. 511(b).]

PRACTICAL NOTES & RISK MANAGEMENT

1. Answer Deadline. File the Answer no later than the “return date” specified on the Summons. Failure to appear or answer may result in default judgment.
2. Counterclaim Timing. Must be served ≥48 hours before trial; otherwise, the Court may exclude it (C.R.C.P. 511(b)(1)).
3. Damages Cap. Monetary claims (including Counterclaims) are capped at $7,500 in Colorado Small Claims Court (C.R.S. § 13-6-403).
4. Discovery & Evidence. Limited discovery is available; prepare exhibits and witness lists early.
5. Attorneys’ Fees. Fees are generally not recoverable in small claims unless specifically authorized by statute or contract—plead them conservatively.
6. Requesting Continuances. Continuances are disfavored and must meet the “good cause” standard under C.R.C.P. 508(k).

[// GUIDANCE: Customize factual allegations, defenses, and relief sought. Carefully verify any statutory references, amounts, and deadlines before filing.]