Small Claims Answer

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

Delaware requires defendants to file a written answer within 15 days of service in
Justice of the Peace Court small claims cases. This template provides the substantive
legal content to help you prepare — but you must verify the required form with your
local Justice of the Peace Court and transfer your content to any official form before
filing. Official forms are available at
https://courts.delaware.gov/forms/list.aspx?ag=Justice+Of+The+Peace+Court&sec=Forms.
Do not file this document directly with the court.

**STATE OF DELAWARE

JUSTICE OF THE PEACE COURT – SMALL CLAIMS DIVISION**
[COURT NUMBER]

ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

[PLAINTIFF NAME]

v.

[DEFENDANT NAME]

Civil Action No.: [CASE NUMBER]
Hearing Date (if already assigned): [DATE]

TABLE OF CONTENTS

1. Parties, Service, and Jurisdiction
2. Answer to Complaint
3. Affirmative Defenses
4. Counterclaim (Optional)
5. Prayer for Relief
6. Verification
7. Certificate of Service

1. PARTIES, SERVICE, AND JURISDICTION

1.1 Defendant [DEFENDANT NAME] admits residence/business address at [ADDRESS].
1.2 Plaintiff [PLAINTIFF NAME] is, on information and belief, a resident/entity of [ADDRESS].
1.3 Defendant was served with the Complaint on [SERVICE DATE] and files this Answer within the time permitted by Delaware Justice of the Peace Court Civil Rules (currently 15 days from service; verify rule in effect on filing date).
1.4 This Court has subject-matter jurisdiction because the amount in controversy does not exceed the statutory small-claims limit and the dispute is for monetary damages only.
1.5 Venue is proper in this Court under 10 Del. C. § 9203.

2. ANSWER TO COMPLAINT

Pursuant to J.P. Ct. Civ. R. 8 and R. 10, Defendant answers the numbered paragraphs of the Complaint as follows. Any allegation not expressly admitted is denied.

3. AFFIRMATIVE DEFENSES

Without conceding any burden of proof and preserving all rights to amend, Defendant asserts the following defenses:

A. Failure to State a Claim – The Complaint fails to allege facts sufficient to constitute a claim upon which relief can be granted.
B. Statute of Limitations – The claim is barred by the applicable limitations period under 10 Del. C. § [APPLICABLE SECTION].
C. Payment and/or Accord & Satisfaction – Any debt alleged has been paid, settled, or otherwise discharged.
D. Lack of Standing – Plaintiff lacks legal capacity or ownership of the claim.
E. Improper Service – Service of process was not completed in strict compliance with J.P. Ct. Civ. R. 4.
F. Laches, Waiver, and Estoppel – Plaintiff’s delay and conduct bar relief in equity.
G. Set-Off – Any liability is offset by sums owed by Plaintiff to Defendant.

4. COUNTERCLAIM (OPTIONAL)

[Include only if Defendant has a claim against Plaintiff. Counterclaim must not exceed the small-claims monetary cap and must be filed within the deadline set by the Court—currently at least seven (7) days before the hearing.]

4.1 Counterclaimant/Defendant repeats and realleges all preceding paragraphs.
4.2 Plaintiff breached an agreement dated [DATE] by [BREACH DESCRIPTION].
4.3 As a direct and proximate result, Defendant suffered damages of $[AMOUNT] plus pre- and post-judgment interest.

WHEREFORE, Defendant demands judgment on the Counterclaim in the amount of $[AMOUNT] together with costs and any other relief the Court deems just.

5. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

a. Dismiss the Complaint with prejudice;
b. Enter judgment for Defendant on all claims;
c. Award costs as allowed by law; and
d. Grant such further relief as the Court deems just and proper.

6. VERIFICATION

I, [DEFENDANT NAME], being first duly sworn (or affirmed), state that I am the Defendant in the above-captioned action; that I have read the foregoing Answer, Affirmative Defenses, and Counterclaim; and that the statements therein are true and correct to the best of my knowledge, information, and belief.

Date: _____________

__________________________________
[DEFENDANT NAME]
Defendant

Subscribed and sworn before me on ___________, 20___.

__________________________________
Notary Public / Court Clerk
My Commission Expires: _________

7. CERTIFICATE OF SERVICE

I certify that on this ____ day of ______________, 20___, I caused a true and correct copy of the foregoing Answer, Affirmative Defenses, and Counterclaim to be served upon:

[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]

by:
☐ First-Class U.S. Mail
☐ Hand Delivery
☐ Court-approved E-Filing System

__________________________________
[DEFENDANT NAME]

SIGNATURE BLOCK

Respectfully submitted,

Date: _____________

__________________________________
[DEFENDANT NAME]
[DEFENDANT ADDRESS]
[PHONE] | [EMAIL]

[If represented]
__________________________________
[ATTORNEY NAME], Esq. (#DE Bar ____)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Defendant