DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND [OPTIONAL] COUNTERCLAIM

COMMONWEALTH OF MASSACHUSETTS – [COURT NAME] DIVISION
[DISTRICT COURT / BOSTON MUNICIPAL COURT] – SMALL CLAIMS SESSION
Docket No.: [DOCKET NUMBER]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

Effective Date: [DATE FILED]

[// GUIDANCE: This template satisfies Massachusetts Uniform Small Claims Rules (“USCR”) and G.L. c. 218, § 21. Customize bracketed items, add or delete allegations/defenses as factually appropriate, and review local standing orders for any division-specific filing mechanics.]

TABLE OF CONTENTS

1. Definitions
2. Jurisdictional Statement
3. Timeliness Statement
4. Answer to Complaint
   4.1 General Denial
   4.2 Specific Paragraph-by-Paragraph Responses
5. Affirmative Defenses
6. Counterclaim (If Asserted)
7. Prayer for Relief
8. Verification
9. Certificate of Service
10. Signature Block

1. DEFINITIONS

The following capitalized terms are used for drafting convenience only:

“Complaint” means the Small Claims Statement of Claim and Notice of Trial filed by Plaintiff on [COMPLAINT DATE].
“Plaintiff” means [PLAINTIFF NAME].
“Defendant” means [DEFENDANT NAME].
“Court” means the [COURT NAME] Division of the [District Court/Boston Municipal Court], Small Claims Session.
“Claim” means each cause of action asserted by Plaintiff in the Complaint.
“Counterclaim” means any claim asserted by Defendant herein pursuant to USCR 3.

2. JURISDICTIONAL STATEMENT

Defendant admits that, pursuant to Mass. Gen. Laws ch. 218, § 21 and USCR 2, this Court has subject-matter jurisdiction over small claims not exceeding the statutory limit of $[LIMIT] exclusive of interest and costs, and that venue is proper in this division. All other jurisdictional allegations are denied.

3. TIMELINESS STATEMENT

Pursuant to USCR 3, a written answer may be filed at or before the trial date. This Answer is therefore timely.

4. ANSWER TO COMPLAINT

4.1 General Denial

Except as expressly admitted herein, Defendant denies each and every allegation of the Complaint and demands strict proof thereof.

4.2 Specific Paragraph-by-Paragraph Responses

[// GUIDANCE: Copy the exact numbered paragraphs from the Complaint. For each paragraph, select “Admitted,” “Denied,” or “Defendant lacks knowledge or information sufficient to form a belief and therefore denies.”]

Paragraph 1: [ADMIT / DENY / LACK INFO]
Paragraph 2: [ADMIT / DENY / LACK INFO]
…continue as necessary…

5. AFFIRMATIVE DEFENSES

Without conceding the burden of proof, and reserving the right to amend under USCR 3 and Mass. R. Civ. P. 15 (to the extent incorporated), Defendant asserts the following affirmative defenses. Each defense is pled in the alternative:

1. Failure to State a Claim.
2. Lack of Standing.
3. Payment and/or Accord and Satisfaction.
4. Statute of Limitations (Mass. Gen. Laws ch. 260).
5. Laches and Waiver.
6. Unclean Hands.
7. Set-Off and Recoupment.
8. Failure of Consideration.
9. Prior Material Breach by Plaintiff.
10. Statutory Cap: Any recovery is limited to the jurisdictional maximum set forth in Mass. Gen. Laws ch. 218, § 21.
11. Any other matter constituting an avoidance or affirmative defense under Mass. R. Civ. P. 8(c) as may be revealed in discovery or at trial.

[// GUIDANCE: Delete inapplicable defenses; add fact-specific ones such as “Breach of Warranty,” “Comparative Negligence,” etc.]

6. COUNTERCLAIM (Optional)

[Defendant/Plaintiff-in-Counterclaim], for Counterclaim against Plaintiff, alleges:

1. Jurisdiction is proper under Mass. Gen. Laws ch. 218, § 21 because the Counterclaim does not exceed $7,000 exclusive of interest and costs.
2. Facts Common to All Counts: [BRIEF FACTUAL BASIS].
3. COUNT I – Breach of Contract: [STATE ELEMENTS & DAMAGES].
4. COUNT II – Unjust Enrichment (Pled in the Alternative): [STATE ELEMENTS & DAMAGES].

WHEREFORE, Defendant demands judgment on the Counterclaim in an amount not to exceed $[AMOUNT ≤ $7,000], plus costs, interest, and such other relief as the Court deems just and proper.

[// GUIDANCE: If no Counterclaim will be asserted, delete Section 6 and re-number the remainder.]

7. PRAYER FOR RELIEF

Defendant respectfully requests that the Court:
A. Dismiss the Complaint with prejudice;
B. Enter judgment for Defendant on all Claims;
C. Award Defendant costs and allowable fees;
D. Enter judgment for Defendant on the Counterclaim (if asserted) in an amount not to exceed the statutory limit; and
E. Grant such further relief as equity and justice require.

8. VERIFICATION

I, [DEFENDANT NAME], hereby certify under the pains and penalties of perjury that I have read the foregoing Answer, Affirmative Defenses, and [Optional] Counterclaim, and that the statements contained herein are true and correct to the best of my knowledge, information, and belief.

Date: __ Signature: ________
Printed Name: [DEFENDANT NAME]

9. CERTIFICATE OF SERVICE

I certify that on [DATE] I caused a true copy of this pleading to be served upon all parties or their counsel of record at the address(es) indicated on the docket by:
☐ First-Class Mail ☐ Hand Delivery ☐ E-mail (by agreement)

Signature: ________

10. SIGNATURE BLOCK

Respectfully submitted,

[DEFENDANT NAME]
[STREET ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

Pro Se / ☐ Through Counsel: [ATTORNEY NAME, BBO #______]

[// GUIDANCE:
1. Filing – Deliver original plus required copies to the Clerk-Magistrate’s office on or before the trial date.
2. Counterclaim Filing Fee – If asserting a Counterclaim, pay the applicable filing fee contemporaneously.
3. Exhibits – Bring two extra sets of documents and photographs to the hearing; small claims sessions often lack copy facilities.
4. Settlement – If the matter settles before the hearing, file a written stipulation of dismissal to avoid unnecessary appearance.]