DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM
(Kansas Small Claims Court)
[// GUIDANCE: This template is drafted for use in the Small Claims Division of the District Courts of Kansas, governed principally by Kan. Stat. Ann. § 61-2701 et seq. (“Kansas Small Claims Act”). Customize bracketed fields, strike any inapplicable sections, and add factual detail consistent with the pleadings and evidentiary record.]
DOCUMENT HEADER
In the District Court of ______ County, Kansas
Small Claims Division
| Plaintiff: | [PLAINTIFF LEGAL NAME] |
| Address: | [PLAINTIFF ADDRESS] |
| Telephone: | [PLAINTIFF PHONE] |
| v. | |
| Defendant: | [DEFENDANT LEGAL NAME] |
| Address: | [DEFENDANT ADDRESS] |
| Telephone: | [DEFENDANT PHONE] |
| Case No.: | [COURT-ASSIGNED NUMBER] |
| Hearing Date: | [SCHEDULED HEARING DATE] |
DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM
COMES NOW Defendant [DEFENDANT NAME] (“Defendant”), and for Defendant’s Answer to the Small Claims Petition filed by [PLAINTIFF NAME] (“Plaintiff”) states as follows:
I. PRELIMINARY STATEMENTS
-
Jurisdiction & Venue. Defendant admits that this Court has jurisdiction under the Kansas Small Claims Act and that venue is proper in this District pursuant to Kan. Stat. Ann. § 61-2703.
-
Answer Deadline Compliance. This Answer is timely filed and served not later than two (2) business days prior to the hearing date in accordance with local small-claims practice.
[// GUIDANCE: Kansas law does not strictly require a written answer, but filing one preserves affirmative defenses, frames the issues, and documents any counterclaim. Confirm local rule variations.]
II. RESPONSES TO NUMBERED ALLEGATIONS
[// GUIDANCE: Mirror the paragraph numbering used in the Petition. Admit, deny, or state “Defendant lacks knowledge or information sufficient to form a belief and therefore denies.”]
- Paragraph 1: [ADMIT / DENY / LACK KNOWLEDGE, AND THEREFORE DENY].
- Paragraph 2: [ADMIT / DENY / LACK KNOWLEDGE, AND THEREFORE DENY].
- Paragraph 3: …
• Continue as necessary.
III. GENERAL DENIAL
Except as expressly admitted herein, Defendant denies each and every allegation of the Petition and demands strict proof thereof.
IV. AFFIRMATIVE DEFENSES
Without assuming the burden of proof where it otherwise rests with Plaintiff, Defendant asserts the following affirmative defenses, each of which is pled in the alternative and without waiver of others:
- Failure to State a Claim.
- Lack of Standing.
- Statute of Limitations.
- Payment and/or Accord and Satisfaction.
- Set-off and Recoupment.
- Unjust Enrichment.
- Waiver and Estoppel.
- Fraud or Misrepresentation.
- Lack of Privity.
- Failure of Consideration.
- Prior Material Breach by Plaintiff.
- Discharge in Bankruptcy.
- Any other matter constituting an avoidance or affirmative defense under K.S.A. § 60-208(c).
Defendant reserves the right to amend these defenses upon discovery of additional facts.
[// GUIDANCE: Strike defenses that are clearly inapplicable; unsupported defenses risk sanctions or adverse credibility findings.]
V. COUNTERCLAIM (Optional)
[// GUIDANCE: Kansas small claims defendants may file a counterclaim not later than two (2) business days before the scheduled hearing if the claim does not exceed the statutory jurisdictional limit (presently $4,000 exclusive of interest and costs).]
- Parties. Counter-Plaintiff is Defendant [DEFENDANT NAME]; Counter-Defendant is Plaintiff [PLAINTIFF NAME].
- Jurisdiction. This Counterclaim falls within the monetary limits of the Kansas Small Claims Act.
- Factual Allegations.
a. On or about [DATE], Counter-Defendant ____.
b. As a result, Counter-Plaintiff incurred damages of $____. - Claim for Relief. Counter-Plaintiff asserts a claim for [BREACH OF CONTRACT / PROPERTY DAMAGE / ETC.].
- Prayer. Counter-Plaintiff seeks judgment in the amount of $____ plus allowable court costs and pre-judgment interest.
VI. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that the Court:
A. Dismiss Plaintiff’s Petition with prejudice;
B. Enter judgment in favor of Defendant on all claims;
C. Award costs as permitted by law;
D. Enter judgment for Defendant on the Counterclaim in the amount of $____, together with allowable costs and interest; and
E. Grant such other and further relief as the Court deems just and proper.
VII. VERIFICATION
I, [DEFENDANT NAME], being first duly sworn, state that I have read the foregoing Answer, Affirmative Defenses, and Counterclaim, know the contents thereof, and that the statements therein are true and correct to the best of my knowledge, information, and belief.
[DEFENDANT NAME]
STATE OF KANSAS )
) ss.
COUNTY OF ______ )
Subscribed and sworn to before me this ___ day of ____, 20__.
Notary Public
My Commission Expires: ____
[// GUIDANCE: If notarization is impractical, verify by unsworn declaration under penalty of perjury per K.S.A. § 53-601.]
VIII. CERTIFICATE OF SERVICE
I certify that on this ___ day of ____, 20__, I caused a true and correct copy of the foregoing to be served upon:
[ ] Plaintiff by U.S. Mail, postage prepaid, at [PLAINTIFF ADDRESS]; or
[ ] Plaintiff’s attorney of record, [ATTORNEY NAME], via [METHOD].
[DEFENDANT OR COUNSEL SIGNATURE]
IX. SIGNATURE BLOCK
Respectfully submitted,
[DEFENDANT NAME]
[DEFENDANT ADDRESS]
[DEFENDANT PHONE]
E-Mail: [DEFENDANT EMAIL]
—or—
[ATTORNEY NAME] (KS Bar #_____)
[LAW FIRM NAME]
[ADDRESS]
Telephone: [PHONE]
E-Mail: [EMAIL]
Attorney for Defendant
IMPORTANT NOTES & COMPLIANCE REMINDERS
[// GUIDANCE:
• Confirm that the claim (and any counterclaim) does not exceed the small-claims monetary cap (currently $4,000, exclusive of interest and costs).
• File the original with the Clerk of the District Court and serve a copy on the opposing party.
• Bring all relevant documents, witnesses, and evidence to the hearing. Failure to appear may result in default judgment.
• If you intend to remove the case to the limited or general civil docket (to allow discovery, jury trial, or attorney representation), file a Motion to Transfer at least one (1) business day before the small-claims hearing (K.S.A. § 61-2704(b)).]
End of Template