**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]
[// GUIDANCE: This template complies with the Delaware Justice of the Peace Court Civil Rules for Small Claims. Insert all bracketed information, remove inapplicable sections, and add factual allegations with particularity.]
TABLE OF CONTENTS
- Parties, Service, and Jurisdiction
- Answer to Complaint
- Affirmative Defenses
- Counterclaim (Optional)
- Prayer for Relief
- Verification
- 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.
[// GUIDANCE: Adjust statutory citation only if you confirm accuracy at time of drafting. Omit if uncertain.]
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.
| Complaint ¶ | Response |
|---|---|
| 1 | Admit. |
| 2 | Deny. |
| 3 | Lack knowledge or information sufficient to form a belief; therefore, deny. |
| … | … |
[// GUIDANCE: Mirror the exact numbering of the Complaint. Add additional rows as required.]
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.
[// GUIDANCE: Delete, modify, or add defenses to fit the facts. All affirmative defenses must be pled or they may be deemed waived.]
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.
[// GUIDANCE: If Counterclaim is included, add “e. Enter judgment for Defendant on the Counterclaim in the amount stated above.”]
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: ___
[// GUIDANCE: JP Court forms sometimes permit unsworn verification under 10 Del. C. § 3927. Confirm local clerk requirements.]
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]
[// GUIDANCE: Retain proof of service (mail receipt, affidavit, etc.) for presentation at the hearing.]
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
[// GUIDANCE: Save a copy, file the original with the Court clerk, and deliver a copy to all parties. Retain all supporting documentation (receipts, contracts, photographs) for trial.]