ANSWER TO SMALL CLAIMS COMPLAINT (INDIANA)

[Clean, Professional Template – Ready for Attorney Customization]

TABLE OF CONTENTS

1. DOCUMENT HEADER
2. DEFINITIONS (Optional)
3. OPERATIVE PROVISIONS – ANSWER
4. COUNTERCLAIMS (Optional)
5. AFFIRMATIVE DEFENSES
6. DEFAULT & REMEDIES (Reserved)
7. DISPUTE RESOLUTION & GOVERNING LAW
8. GENERAL PROVISIONS
9. EXECUTION BLOCK

[// GUIDANCE: Delete any section that is inapplicable for the specific matter. Ensure all bracketed placeholders are completed before filing.]

1. DOCUMENT HEADER

IN THE [] SMALL CLAIMS COURT
[] COUNTY, STATE OF INDIANA

Case No.: [SCT-____]

Plaintiff: [PLAINTIFF LEGAL NAME]
v.
Defendant: [DEFENDANT LEGAL NAME]

Title: Answer, Affirmative Defenses, and (If Applicable) Counterclaim(s)

Effective Filing Date: [MM/DD/YYYY]

2. DEFINITIONS (Optional – include only if specialized terms are used)

“Complaint” means the Small Claims Complaint filed by Plaintiff on [Date of Service/ Filing].
“Court” means the [] Small Claims Court, [] County, Indiana.
“Defendant” means [DEFENDANT LEGAL NAME], in any individual and/or representative capacity as alleged by Plaintiff.

[// GUIDANCE: Keep the Definitions section concise—only define terms that appear multiple times and could cause ambiguity.]

3. OPERATIVE PROVISIONS – ANSWER

3.1 Admissions, Denials, and Statements of Lack of Knowledge
For ease of reference, Defendant responds to each corresponding paragraph of the Complaint using the same numbering system.

3.2 General Denial (if elected)
Pursuant to Indiana Small Claims Rule 2(B), and to the extent specific admissions are not made herein, Defendant denies each and every remaining allegation of Plaintiff’s Complaint and demands strict proof thereof.

[// GUIDANCE: Indiana permits either a paragraph-by-paragraph response or a general denial. Tailor as appropriate.]

3.3 Prayer for Relief on Complaint
WHEREFORE, Defendant respectfully requests that the Court:
a. Enter judgment in favor of Defendant and against Plaintiff on all claims;
b. Award Defendant costs permitted under Indiana law; and
c. Grant all other relief the Court deems just and proper.

4. COUNTERCLAIMS (Complete only if asserting)

4.1 Jurisdiction & Statement of Compliance
This Counterclaim is within the jurisdictional monetary limits of Indiana small claims courts and arises out of the same transaction or occurrence as Plaintiff’s Complaint.

4.2 Factual Allegations
1. [Concise statement of facts supporting Counterclaim.]
2. [Add additional numbered paragraphs as needed.]

4.3 Causes of Action
Count I – [Breach of Contract / Unjust Enrichment / Etc.]
• Elements: [State elements in plain terms.]
• Damages: [Specify amount not to exceed statutory limit of $ [CURRENT LIMIT]].

Count II – [Add additional counts if applicable.]

4.4 Prayer for Relief on Counterclaims
Defendant requests judgment against Plaintiff in the amount of $[___] plus allowable costs, and all other just and proper relief.

[// GUIDANCE: Verify that total damages sought stay within Indiana’s small-claims monetary ceiling (currently $10,000 but confirm at time of filing).]

5. AFFIRMATIVE DEFENSES

Without conceding the burden of proof and reserving the right to amend, Defendant asserts the following defenses:

1. Failure to State a Claim – Complaint does not allege facts sufficient to constitute a cause of action.
2. Statute of Limitations – Claims are barred in whole or part by applicable limitation periods.
3. Payment / Accord & Satisfaction – Debt, if any, has been paid, set off, or otherwise discharged.
4. Lack of Standing – Plaintiff lacks legal capacity or ownership of the claim.
5. Laches / Waiver / Estoppel – Plaintiff’s delay or conduct bars equitable relief.
6. Improper Service – Insufficient process and/or service of process.
7. Set-Off / Recoupment – Any judgment should be reduced by amounts owed by Plaintiff to Defendant.
8. Unclean Hands – Plaintiff’s own inequitable conduct precludes recovery.
9. Failure of Consideration – No valid consideration supports Plaintiff’s claim.
10. Reservation of Rights – Defendant reserves the right to assert additional defenses as discovery proceeds.

[// GUIDANCE: Affirmative defenses must be pled or risk waiver. Remove any that clearly do not apply; add fact-specific defenses where appropriate.]

6. DEFAULT & REMEDIES (Reserved)

[// GUIDANCE: Typically unnecessary in an Answer; include only if providing for agreed judgments or similar arrangements.]

7. DISPUTE RESOLUTION & GOVERNING LAW

7.1 Governing Law
This matter shall be adjudicated in accordance with the laws of the State of Indiana and the Indiana Small Claims Rules.

7.2 Forum Selection
Venue is proper exclusively in the [___] County Small Claims Court.

[// GUIDANCE: Small claims actions cannot be contractually diverted to arbitration in Indiana; sections on arbitration, jury trial, or injunctive relief are therefore omitted.]

8. GENERAL PROVISIONS

8.1 Amendments
Defendant may amend this Answer once as of right within the period provided by the Indiana Trial Rules and thereafter only by leave of Court.

8.2 Severability
Should any paragraph herein be found unenforceable, the remaining paragraphs shall remain in full force.

8.3 Integration
This Answer, together with any Counterclaims and Affirmative Defenses, constitutes the entire responsive pleading.

9. EXECUTION BLOCK

Respectfully submitted this ___ day of [Month], 20__.

[DEFENDANT NAME]
Pro Se / Counsel for Defendant*
Address: [Street, City, IN ZIP]
Telephone: [( )]
Email: [___]

*If by attorney:

[ATTORNEY NAME], Atty. No. [__]
[LAW FIRM NAME]
Address: [Street, City, IN ZIP]
Telephone: [( )]
Email: [___]

VERIFICATION (if required by local rule)

I, [DEFENDANT NAME], affirm under the penalties of perjury that the foregoing representations are true and correct to the best of my knowledge and belief.

[DEFENDANT NAME]

Date: [___]

CERTIFICATE OF SERVICE

I hereby certify that on the ___ day of [Month], 20__, a true and correct copy of the foregoing Answer (and any Counterclaims) was served upon:

‒ [PLAINTIFF/PLAINTIFF’S COUNSEL NAME & ADDRESS]
‒ [Method: U.S. Mail / Hand Delivery / E-Service]

[Signature of Filing Party]

[// GUIDANCE:
1. Confirm any county-specific small claims service requirements.
2. Ensure all exhibits (e.g., payment receipts) are labeled and attached.
3. Re-calculate deadlines based on the date of service of the Complaint (commonly 20 days but verify under local rule).]