Small Claims Answer

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

District of Columbia small claims defendants are generally not required to file a
written answer — you respond by appearing at the hearing. If you wish to file a
counterclaim (set-off), you must file it in writing with the Small Claims Clerk's
Office. This template provides the substantive legal content to help you prepare your
defense. Official forms and information are available at
https://www.dccourts.gov/services/forms/forms-by-location?location=smallclaims.
Do not file this document directly with the court.

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Civil Division – Small Claims & Conciliation Branch

[PLAINTIFF NAME],
Plaintiff,

v. Case No.: [___]
Calendar No.: [___]
[DEFENDANT NAME], Next Hearing: [___]
Defendant.

DEFENDANT’S VERIFIED ANSWER, AFFIRMATIVE DEFENSES,
AND (IF APPLICABLE) COUNTERCLAIM

[// GUIDANCE: This template is drafted to comply with the D.C. Small Claims Rules (“SCR-SC”) and D.C. Code § 16-3901 et seq.
Insert all bracketed placeholders before filing.
Under SCR-SC 5(a) an Answer or Counterclaim ordinarily must be filed at least five (5) days before the initial trial date if not presented orally at the initial hearing.
Maximum small-claims jurisdictional limit is $10,000 exclusive of interest, costs, and attorney’s fees.
Counterclaims exceeding that limit or requesting jury trial require transfer to the Civil Actions Branch.
]

I. INTRODUCTORY STATEMENT & RESERVATION OF RIGHTS

1. Defendant [DEFENDANT NAME] (“Defendant”) appears through undersigned counsel (or pro se) and responds to the Small Claims Complaint (the “Complaint”) filed by Plaintiff [PLAINTIFF NAME] (“Plaintiff”).
2. By answering, Defendant does not waive and expressly reserves all rights to move for dismissal, to compel arbitration or mediation, or to seek transfer, removal, consolidation, or any other procedural or substantive relief available under District of Columbia or federal law.

II. SPECIFIC RESPONSES TO COMPLAINT

[// GUIDANCE: List each numbered paragraph of the Complaint verbatim or by reference, and state “Admitted,” “Denied,” or “Defendant lacks knowledge or information sufficient to form a belief and therefore denies.” An example is provided below.]

Paragraph 1: Admitted.
Paragraph 2: Denied for the reasons stated herein.
Paragraph 3: Defendant lacks knowledge or information sufficient to form a belief and therefore denies.
…continue as necessary…

III. AFFIRMATIVE DEFENSES

Without conceding any burden of proof, Defendant asserts the following affirmative defenses pursuant to SCR-SC 2 and D.C. Rule 8(c). Defendant reserves the right to amend or supplement these defenses as discovery and investigation proceed.

1. Failure to State a Claim.
2. Lack of Standing.
3. Statute of Limitations (D.C. Code § 12-301 et seq.).
4. Payment and/or Accord & Satisfaction.
5. Waiver, Estoppel, and Laches.
6. Breach by Plaintiff / Failure of Consideration.
7. Set-Off and Recoupment.
8. Unconscionability and/or Illegality.
9. Discharge of Debt by Operation of Law (e.g., bankruptcy).
10. Comparative / Contributory Fault.
11. Statutory Cap on Damages (small-claims limit).
12. Reservation of Additional Defenses.

[// GUIDANCE: Delete, add, or reorder defenses to fit case-specific facts. Unsupported defenses may be stricken. SCR-SC 13 permits pre-trial motions to address jurisdictional or substantive defects.]

IV. COUNTERCLAIM (OPTIONAL)

[// GUIDANCE: Only include if Defendant has a claim against Plaintiff. The counterclaim amount (exclusive of interest, costs, and attorney’s fees) must not exceed $10,000 to remain in Small Claims. File at least five (5) days before trial per SCR-SC 5(a).]

1. Jurisdiction & Parties
   a. This Counterclaim is within the court’s small-claims jurisdiction under D.C. Code § 16-3902 because the amount in controversy is $[___] exclusive of interest, costs, and attorney’s fees.

2. Counterclaim Factual Allegations
   …

3. Causes of Action
   Count I – Breach of Contract
   Count II – Unjust Enrichment
   …

4. Counterclaim Prayer for Relief
   WHEREFORE, Defendant-Counter-plaintiff demands judgment in the amount of $[___], pre- and post-judgment interest as allowed by law, costs, and such other relief the Court deems just and proper.

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
A. Dismiss the Complaint with prejudice;
B. Enter judgment in favor of Defendant on all claims;
C. Award Defendant costs incurred herein and any other relief the Court deems just and proper; and
D. If a Counterclaim is asserted, enter judgment thereon as requested above.

VI. REQUEST FOR MEDIATION / ADR

Pursuant to SCR-SC 11, Defendant requests referral to the Multi-Door Dispute Resolution Division for mediation at the initial hearing.

VII. RESERVATION OF ADDITIONAL CLAIMS & DEFENSES

Defendant reserves the right to assert additional claims, cross-claims, third-party claims, and affirmative defenses that may arise during ongoing investigation, discovery, or as otherwise permitted by the Court.

VIII. VERIFICATION (D.C. Code § 16-3901 (b))

I, [DEFENDANT NAME], being first duly sworn (or under penalty of perjury pursuant to 28 U.S.C. § 1746), declare that I have read the foregoing Verified Answer, Affirmative Defenses, and Counterclaim (if any), know its contents, and that the statements made therein are true and correct to the best of my knowledge, information, and belief.

Date: [___]
Signature: ____________________________
Printed Name: [DEFENDANT NAME]
Address: [___]
Telephone: [___-___-____]
Email: [___]

IX. CERTIFICATE OF SERVICE

I hereby certify that on [DATE] a true and correct copy of the foregoing was served upon:

[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]
☐ By first-class U.S. mail, postage prepaid
☐ By hand delivery
☐ By electronic service (if consented)

_________________________________
[NAME], for Defendant

X. SIGNATURE BLOCK

Respectfully submitted,

_________________________________
[ATTORNEY NAME], Esq. [if applicable]
D.C. Bar No.: [___]
[LAW FIRM NAME]
[ADDRESS]
Tel.: [___-___-____]
Email: [___]
Counsel for Defendant