STATE OF LOUISIANA
PARISH OF [PARISH]
[SMALL CLAIMS DIVISION] OF THE [NAME OF CITY] CITY COURT
DOCKET NO.: [____]
PLAINTIFF: [PLAINTIFF FULL LEGAL NAME]
v.
DEFENDANT: [DEFENDANT FULL LEGAL NAME]
ANSWER, AFFIRMATIVE DEFENSES, AND (IF APPLICABLE) COUNTERCLAIM
(“Answer”)
Filed: [DATE] Counsel for Defendant: [ATTORNEY NAME, BAR NO.]
[// GUIDANCE: Louisiana small-claims procedure is governed principally by La. Rev. Stat. Ann. §§ 13:5200 et seq. The defendant must either file an Answer or appear on the return date, but best practice is to file an Answer within ten (10) days after service of citation. § 13:5204(B). The court-provided pre-printed form is acceptable, but counsel may file a typed pleading so long as the required information is included.]
TABLE OF CONTENTS
- Parties, Jurisdiction & Venue
- General Denial and Specific Responses
- Affirmative Defenses
- Counterclaim (optional)
- Prayer for Relief
- Reservation of Rights
- Verification
- Certificate of Service
1. PARTIES, JURISDICTION & VENUE
1.1 Defendant [DEFENDANT NAME] is an adult resident of the Parish of [PARISH], State of Louisiana, within this Court’s territorial jurisdiction.
1.2 Plaintiff [PLAINTIFF NAME] is, upon information and belief, a resident of [PARISH/STATE] and has invoked the jurisdiction of this Court by filing the instant Statement of Claim.
1.3 This matter is properly before the Small Claims Division pursuant to La. Rev. Stat. Ann. § 13:5202 because the amount in dispute does not exceed the statutory jurisdictional limit of $5,000, exclusive of interest, court costs, and attorney’s fees.
2. GENERAL DENIAL AND SPECIFIC RESPONSES
[// GUIDANCE: Replace “Paragraph __” references with the actual numbered allegations from the Statement of Claim.]
2.1 Pursuant to Article 1005 of the Louisiana Code of Civil Procedure, Defendant enters a GENERAL DENIAL of each and every allegation contained in the Statement of Claim except as expressly admitted herein.
2.2 In response to the numbered allegations:
• Paragraph 1: Admitted.
• Paragraph 2: Denied for lack of sufficient information to justify a belief therein and therefore put at issue.
• Paragraph 3: Denied.
• Paragraph 4: Admitted in part as to [INSERT], denied as to all remaining allegations.
• All remaining paragraphs: Denied.
3. AFFIRMATIVE DEFENSES
[// GUIDANCE: Plead all defenses that may apply; failure to plead can waive the defense. The list below is illustrative—delete inapplicable defenses and insert any others supported by facts.]
Subject to further investigation and discovery, Defendant affirmatively pleads:
3.1 Failure to State a Cause or Right of Action.
3.2 Prescription/Statute of Limitations.
3.3 Payment, Accord and Satisfaction, and/or Set-Off.
3.4 Lack of Privity and/or Standing.
3.5 Lack of Proper Service or Insufficiency of Process.
3.6 Failure of Consideration.
3.7 Unclean Hands and/or Equitable Estoppel.
3.8 Waiver, Novation, and Release.
3.9 Any and all defenses available under La. Code Civ. Proc. art. 1005 or other applicable law, whether legal, equitable, or statutory, that may become apparent during these proceedings.
4. COUNTERCLAIM (if applicable)
[// GUIDANCE: Only include if Defendant has a claim arising from the same transaction or occurrence and the amount sought is within the $5,000 cap. If no counterclaim, delete this section and renumber accordingly.]
4.1 Pursuant to La. Rev. Stat. Ann. § 13:5204(C), Defendant asserts the following Counterclaim against Plaintiff:
a. Nature of Claim: [DESCRIBE FACTUAL BASIS].
b. Amount in Controversy: [INSERT AMOUNT, not to exceed $5,000 exclusive of interest and costs].
c. Relief Requested: Judgment in Defendant’s favor for the amount stated above, together with legal interest from date of judicial demand, court costs, and any other relief deemed just and equitable.
5. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully prays that after due proceedings had, there be judgment as follows:
A. That Plaintiff’s demands be dismissed, with prejudice, at Plaintiff’s cost;
B. That Defendant be awarded all relief sought in any Counterclaim asserted herein; and
C. For all general and equitable relief to which Defendant may be entitled.
6. RESERVATION OF RIGHTS
Defendant reserves the right to amend or supplement this Answer, to assert additional defenses, and to plead additional counterclaims as may be allowed by law and as justice requires.
7. VERIFICATION
[// GUIDANCE: Small-claims pleadings need not be notarized unless local rules require. Substitute a notarial jurat if demanded by the clerk.]
I, [DEFENDANT NAME], being first duly sworn, depose and say that I have read the foregoing Answer and know the contents thereof; the same is true and correct to the best of my knowledge, information, and belief.
[DEFENDANT NAME]
Date: _______
8. CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing Answer was mailed, e-mailed, or otherwise delivered to Plaintiff or Plaintiff’s counsel of record at the address indicated in the Statement of Claim on this _ day of ___, 20_.
[ATTORNEY NAME], Bar No. [____]
Counsel for Defendant
[LAW FIRM NAME]
[ADDRESS] | [PHONE] | [EMAIL]
[// GUIDANCE:
1. Filing Deadline – Ten (10) days from service (§ 13:5204(B)).
2. Method – File with the Clerk of the Small Claims Division; pay or request waiver of filing fee.
3. Service – Provide a certificate confirming delivery to Plaintiff.
4. Counterclaim – Must fit within same $5,000 cap; otherwise file in regular division.
5. Discovery – Limited; consider informal exchange or court-approved interrogatories.
6. Appeal – Either party may appeal to the proper district court within the statutory time after judgment (§ 13:5207).]