IN THE CIRCUIT COURT OF THE [COUNTY] COUNTY, STATE OF ILLINOIS
SMALL CLAIMS DIVISION
PLAINTIFF: [PLAINTIFF NAME(S)]
DEFENDANT: [DEFENDANT NAME(S)]
Case No.: [_]
DEFENDANT’S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, AND OPTIONAL COUNTERCLAIM
[// GUIDANCE: Tailor this template to the factual allegations contained in the Complaint and to the practices of the particular Illinois county-level small-claims court.]
1. APPEARANCE, JURISDICTION, AND VENUE
1.1 Defendant appears pro se ☐ / through counsel ☐ and submits this Answer pursuant to the Illinois Supreme Court Rules governing small-claims proceedings (Rules 281–289) and the Illinois Code of Civil Procedure.
1.2 Jurisdiction and venue are proper in this Court because the amount in controversy does not exceed the Illinois small-claims monetary limit (currently $10,000 exclusive of costs and interest) and all relevant events occurred within [COUNTY] County, Illinois.
2. GENERAL DENIAL
Except as expressly admitted herein, Defendant denies each and every allegation, matter, and thing contained in Plaintiff’s Complaint and demands strict proof thereof.
3. SPECIFIC RESPONSES TO NUMBERED PARAGRAPHS
[// GUIDANCE: Mirror the numbering in the Complaint exactly. Add or remove rows as necessary.]
| Complaint ¶ | Defendant’s Response |
|---|---|
| 1 | ☐ Admitted ☐ Denied ☐ Insufficient knowledge and therefore denied. |
| 2 | ☐ Admitted ☐ Denied ☐ Insufficient knowledge and therefore denied. |
| 3 | ☐ Admitted ☐ Denied ☐ Insufficient knowledge and therefore denied. |
| … | … |
4. AFFIRMATIVE DEFENSES
Without conceding any burden of proof, Defendant asserts the following affirmative defenses and reserves the right to amend or supplement them upon discovery of additional facts:
A. Failure to State a Claim.
B. Statute of Limitations.
C. Payment / Accord and Satisfaction.
D. Setoff and Recoupment.
E. Release and Waiver.
F. Lack of Consideration.
G. Fraud, Misrepresentation, or Illegality.
H. Any other defense available under Illinois law that may become applicable.
[// GUIDANCE: Strike defenses that clearly do not apply; add fact-specific detail where possible to survive a motion to strike.]
5. OPTIONAL COUNTERCLAIM
[// GUIDANCE: File a counterclaim only if it is factually and legally supportable, and remember that any counterclaim exceeding the small-claims jurisdictional limit may result in transfer to the Law Division or dismissal. Ill. S. Ct. Rule 286 imposes additional verification requirements for certain statutory counterclaims.]
5.1 Counter-Plaintiff (Defendant herein) re-alleges and incorporates Sections 1–4 of this Answer as though fully set forth herein.
5.2 Parties. Counter-Plaintiff is [DEFENDANT NAME]. Counter-Defendant is [PLAINTIFF NAME].
5.3 Facts Common to All Counts. [BRIEF FACT STATEMENT].
5.4 Count I – [BREACH OF CONTRACT / UNJUST ENRICHMENT / etc.].
a. [ALLEGATION]
b. [ALLEGATION]
5.5 Prayer for Counter-Relief. Counter-Plaintiff demands judgment in an amount not to exceed $10,000, plus court costs and any other relief this Court deems just and proper.
6. PRAYER FOR RELIEF (ON THE COMPLAINT)
WHEREFORE, Defendant respectfully requests that this Court:
1. Enter judgment in favor of Defendant and against Plaintiff;
2. Dismiss Plaintiff’s Complaint with prejudice;
3. Award Defendant costs as allowed by law; and
4. Grant such further relief as the Court deems just and equitable.
7. RESERVATION OF RIGHTS
Defendant expressly reserves the right to amend this Answer to assert additional defenses or counterclaims as discovery proceeds and additional facts become known.
8. VERIFICATION
I, [DEFENDANT NAME], being duly sworn, state that I have read the foregoing Answer, that I know the contents thereof, and that the statements contained therein are true to the best of my knowledge, information, and belief.
Date: [DATE]
[DEFENDANT NAME]
Subscribed and sworn before me on [DATE].
Notary Public
9. CERTIFICATE OF SERVICE
The undersigned certifies that on [DATE], a true and correct copy of the foregoing was served upon all parties of record by:
☐ U.S. Mail (postage prepaid)
☐ Hand Delivery
☐ E-mail (by prior written consent)
☐ Electronic Filing Service
to the following addresses:
• [PLAINTIFF / PLAINTIFF’S COUNSEL NAME & ADDRESS]
[NAME], [Title if any]
[OPTIONAL] SCHEDULING & PROCEDURAL CHECKLIST
[// GUIDANCE: Remove after internal use.]
1. Answer/Appearance due date (see Summons) ………………….. [DATE]
2. Small-claims trial/return date ………………………………………. [DATE]
3. Last day to file counterclaim (≥ 5 days before trial) ……… [DATE]
4. Discovery permissible only by leave of court (Rule 287).
5. No jury trial available in small-claims division.
6. Monetary cap of $10,000; no injunctive relief.
[// GUIDANCE: This template has been drafted to comply with Illinois Supreme Court Rules 281–289 (Small Claims) and is formatted for immediate attorney review. Revise bracketed placeholders, confirm county-specific procedural nuances, and verify that each affirmative defense is supported by good-faith factual and legal bases.]