DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (IF APPLICABLE) COUNTERCLAIM

Commonwealth of Kentucky
District Court, [__] County
Small Claims Division

Case No.: [__]

I. DOCUMENT HEADER

1. Parties
   a. Plaintiff: [PLAINTIFF LEGAL NAME]
   b. Defendant: [DEFENDANT LEGAL NAME] (“Defendant”)

2. Recitals
   WHEREAS, Plaintiff commenced this action in the Small Claims Division of the District Court of the Commonwealth of Kentucky, County of [__]; and
   WHEREAS, service of the Small Claims Complaint (“Complaint”) was effected on Defendant on [DATE OF SERVICE];
   NOW, THEREFORE, Defendant timely submits this Answer pursuant to the Kentucky Small Claims procedures and the Kentucky Rules of Civil Procedure, and states as follows:

II. DEFINITIONS (limited for litigation context)

“Complaint” means the Small Claims Complaint filed by Plaintiff on [DATE FILED].
“Court” means the Small Claims Division of the District Court for [__] County, Kentucky.

III. OPERATIVE PROVISIONS

1. General Denial

Except as specifically admitted herein, Defendant denies each and every allegation contained in the Complaint and demands strict proof thereof.

2. Paragraph-by-Paragraph Responses

[// GUIDANCE: Mirror each numbered paragraph of the Complaint exactly. Admit, deny, or state “Defendant is without sufficient knowledge to admit or deny and therefore denies same.” Example formatting below.]

2.1 In response to Paragraph 1 of the Complaint, Defendant [ADMITS / DENIES / LACKS KNOWLEDGE].
2.2 In response to Paragraph 2 of the Complaint, Defendant […].
(Continue until every paragraph is addressed.)

IV. AFFIRMATIVE DEFENSES

Without conceding any burden of proof and expressly reserving the right to amend, Defendant asserts the following affirmative defenses to bar or reduce Plaintiff’s recovery. Each defense is pled in the alternative and in addition to all others.

A. Failure to State a Claim – The Complaint fails to allege facts sufficient to state a claim upon which relief can be granted.
B. Lack of Standing – Plaintiff lacks legal capacity or standing to assert the claims alleged.
C. Payment / Accord & Satisfaction – Any obligation alleged has been paid, discharged, or satisfied by accord.
D. Statute of Limitations – Plaintiff’s claims are barred in whole or in part by applicable limitation periods.
E. Estoppel & Waiver – Plaintiff’s conduct gives rise to estoppel or waiver barring recovery.
F. Failure of Consideration – No valid consideration supports the alleged obligation.
G. Illegality / Unenforceable Contract – The underlying agreement (if any) is void or unenforceable.
H. Misrepresentation or Fraud – Plaintiff’s claims are barred by Plaintiff’s own misconduct.
I. Set-Off – Any liability of Defendant must be reduced by amounts Plaintiff owes Defendant.
J. Additional Defenses – Defendant reserves all other defenses revealed during discovery or trial preparation.

[// GUIDANCE: Delete defenses that are clearly inapplicable; add any fact-specific defenses necessary.]

V. COUNTERCLAIM (OPTIONAL)

[Include only if Defendant has a claim not exceeding the Kentucky small-claims monetary limit (currently $2,500 exclusive of interest and costs) and arising out of the same transaction or occurrence.]

1. Jurisdiction – This Counterclaim falls within the monetary and subject-matter jurisdiction of the Small Claims Division.
2. Facts – On or about [DATE], Plaintiff [describe conduct giving rise to counterclaim].
3. Damages – As a direct result, Defendant suffered damages in the amount of $[______], plus allowable court costs and interest.

WHEREFORE, Defendant demands judgment against Plaintiff on the Counterclaim in the amount of $[______], together with court costs, pre- and post-judgment interest as allowed by law.

[// GUIDANCE: Kentucky small-claims rules require any counterclaim to be filed at least five (5) days before the scheduled hearing and served on Plaintiff.]

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

1. Dismiss the Complaint with prejudice;
2. Enter judgment in favor of Defendant on all claims;
3. Award Defendant costs incurred herein and any other relief the Court deems just and proper; and
4. On the Counterclaim (if any), enter judgment in favor of Defendant as set forth above.

VII. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I mailed a true and correct copy of the foregoing to:

[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]

by ☐ U.S. Mail ☐ Certified Mail ☐ Hand Delivery ☐ Other: [__].

[DEFENDANT / DEFENSE COUNSEL SIGNATURE]

VIII. EXECUTION BLOCK

Dated: [DATE]

Respectfully submitted,

[DEFENDANT NAME OR ATTORNEY NAME]
[KY Bar No. __] (if applicable)
[ADDRESS]
[PHONE]
[EMAIL]

(Signature above)

[// GUIDANCE:
1. Answer Deadline – File this Answer within twenty (20) days of service or prior to the first scheduled hearing, whichever is earlier, to preserve all defenses.
2. Counterclaim Timing – Any counterclaim must be filed and served at least five (5) days before the hearing and must not exceed the small-claims monetary cap.
3. Affirmative Defenses – Plead all conceivable defenses now; Kentucky procedure construes unpled defenses as waived.
4. Monetary Limit – Verify the current Kentucky small-claims jurisdictional cap (presently $2,500 exclusive of interest and costs) before asserting any counterclaim.
5. Jury Trial / Arbitration / Injunctive Relief – Not available in the Small Claims Division; remove any related boilerplate if inadvertently included.
6. Amending the Pleadings – Kentucky Civil Rules allow amendment by leave of court; monitor deadlines.
]