IN THE COUNTY COURT IN AND FOR [COUNTY] COUNTY, FLORIDA

SMALL CLAIMS DIVISION

Case No. [____]
Division [Small Claims]

[PLAINTIFF NAME(S)],
 Plaintiff(s),

v.

[DEFENDANT NAME(S)],
 Defendant(s).

DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND OPTIONAL COUNTERCLAIM

(Filed pursuant to the Florida Small Claims Rules and applicable local administrative orders)

I. DOCUMENT HEADER

1. Effective Date. This Answer is deemed filed on [DATE], within the deadline specified in the Summons and/or Florida Small Claims Rules.
2. Jurisdiction & Venue. Defendant admits this Court has subject-matter jurisdiction under the Florida Small Claims Rules and that venue is proper in [COUNTY] County, Florida, to the extent alleged facts occurred or property is located in this county.
3. Parties.
   a. Plaintiff: [PLAINTIFF FULL LEGAL NAME(S)]
   b. Defendant: [DEFENDANT FULL LEGAL NAME(S)]

[// GUIDANCE: Replace bracketed language with exact party names as captioned in the Complaint.]

II. DEFINITIONS

For ease of reference, capitalized terms below have the following meanings and apply throughout this pleading unless the context clearly indicates otherwise:

“Complaint” – The Small Claims Statement of Claim filed by Plaintiff on or about [FILING DATE].
“Answer” – This document, including all sections, exhibits, and certificates.
“Court” – The County Court in and for [COUNTY] County, Florida, Small Claims Division.
“Rules” – The Florida Small Claims Rules (current edition).

III. OPERATIVE PROVISIONS (RESPONSES TO COMPLAINT)

1. General Denial. Except as expressly admitted herein, Defendant denies each and every allegation, matter, and thing contained in the Complaint and demands strict proof thereof.

2. Paragraph-by-Paragraph Responses.
   [// GUIDANCE: Insert “Admitted,” “Denied,” or “Without knowledge, therefore denied,” for each numbered paragraph of the Complaint, repeating the numbers exactly as they appear.]

Example format:
• Paragraph 1: Admitted for jurisdictional purposes only.
• Paragraph 2: Denied.
• Paragraph 3: Without knowledge; therefore denied.

IV. AFFIRMATIVE DEFENSES (REPRESENTATIONS & WARRANTIES)

Without conceding any burden of proof, Defendant asserts the following affirmative defenses, each of which is pled in the alternative and preserves all rights to amend under the Rules:

1. Failure to State a Cause of Action. The Complaint fails to allege facts sufficient to constitute a valid claim.
2. Payment/Set-Off. Any sum claimed has been fully or partially paid, or Plaintiff has received a set-off or credit reducing the amount sought.
3. Statute of Limitations. The cause(s) of action are barred, in whole or in part, by the applicable statute(s) of limitation.
4. Accord and Satisfaction. The parties reached a binding settlement agreement that bars the present claim.
5. Waiver and Estoppel. By its conduct, Plaintiff waived, and is estopped from asserting, the alleged claim(s).
6. Lack of Standing. Plaintiff lacks legal capacity or authority to sue on the purported claim(s).
7. Improper Party. Defendant is not a proper party to this action.
8. Failure of Consideration. No consideration supports the alleged agreement.
9. Unclean Hands. Plaintiff’s inequitable conduct precludes the relief sought.
10. Reservation of Additional Defenses. Defendant reserves the right to assert additional defenses revealed during discovery or trial preparation, including any defenses under Rule 1.110(d), Fla. R. Civ. P., as incorporated by the Rules.

[// GUIDANCE: Delete, add, or renumber defenses to fit the facts of your case. Some defenses require particularized factual pleading—revise accordingly.]

V. OPTIONAL COUNTERCLAIM(S)

[// GUIDANCE: Delete this entire section if no counterclaim will be asserted. A small-claims counterclaim must not exceed the jurisdictional monetary limit and must be filed/served in accordance with the deadline in your Summons or the pre-trial notice.]

1. Parties. Counter-Plaintiff: [DEFENDANT NAME]; Counter-Defendant: [PLAINTIFF NAME].
2. Jurisdiction & Amount in Controversy. This Counterclaim seeks damages of $[AMOUNT ≤ SMALL CLAIMS LIMIT], exclusive of allowable costs, within the Court’s jurisdiction.
3. Factual Allegations. [STATE CONCISE FACTS SUPPORTING THE COUNTERCLAIM.]
4. Cause(s) of Action.
   a. Count I – [e.g., Breach of Contract]
   b. Count II – [e.g., Money Lent]
5. Demand for Relief. Counter-Plaintiff demands:
   i. Judgment for damages in the amount of $[_];
   ii. Costs of suit; and
   iii. Such further relief as the Court deems just.

VI. DEFAULT & REMEDIES REQUESTED (PRAYER FOR RELIEF)

WHEREFORE, Defendant respectfully requests that the Court:

1. Dismiss the Complaint with prejudice, or in the alternative, enter judgment in Defendant’s favor;
2. Award Defendant costs as permitted by law;
3. Grant such other and further relief as the Court deems equitable and just.

VII. RISK ALLOCATION / LIMITATION OF LIABILITY

To the extent any judgment is ultimately entered, Defendant affirmatively relies on all statutory caps applicable to small-claims actions in Florida, including the jurisdictional dollar limit then in effect.

VIII. DISPUTE RESOLUTION ELECTION

Pursuant to the Rules, Defendant:

• Consents to the mandatory pre-trial conference;
• Objects to binding arbitration or mediation not expressly required by statute or court order; and
• Acknowledges that jury trials are unavailable in Florida small-claims proceedings.

IX. GENERAL PROVISIONS

1. Amendment & Waiver. Defendant may amend this Answer once as of right within the time allowed by the Rules and otherwise only by leave of Court. No provision hereof shall be deemed waived except by written instrument filed with the Court.
2. Severability. If any portion of this Answer is stricken or deemed legally insufficient, the remaining parts shall continue in full force and effect.
3. Integration. This Answer (including any exhibits or counterclaims) constitutes the complete response of Defendant to the Complaint as of the Effective Date.

X. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was served on [DATE] by [E-MAIL / HAND DELIVERY / U.S. MAIL] upon:

[PLAINTIFF OR PLAINTIFF’S COUNSEL]
[ADDRESS / E-MAIL ADDRESS]

[// GUIDANCE: Confirm preferred service method in the Summons or local administrative order. Florida presently permits e-mail service on attorneys in most situations.]

XI. EXECUTION BLOCK

Respectfully submitted this [DAY] day of [MONTH], 20__[YEAR]__.
text

[DEFENDANT NAME], Pro Se | Florida Driver License/ID No.: [_]
Mailing Address: [___]
Telephone: ([]) [-]
E-Mail: [______]
[Optional Notary Acknowledgment – only if a verification is required under local rule or ordered by the Court.]

[// GUIDANCE:
1. Answer Deadline. Florida Small Claims Rule 7.070 generally requires the Summons to specify the first court appearance (pre-trial conference). Filing this Answer on or before that date preserves all defenses.
2. Affirmative Defenses. Certain defenses (e.g., fraud, statute of limitations) may require detailed factual support. Tailor accordingly.
3. Counterclaims. Must be filed/served at or before the scheduled pre-trial conference and cannot exceed the small-claims monetary jurisdiction (currently $8,000 exclusive of costs, §34.01(1)(c), Fla. Stat. (2023)).
4. Discovery. Standard discovery mechanisms do not apply unless ordered by the Court, but parties may use Rule 7.020 for limited discovery upon motion.
5. Substantive Citations. Verify all statutory amounts and rule numbers against the most recent Florida Small Claims Rules and Florida Statutes before filing.
]