DISCLAIMER – NOT LEGAL ADVICE
This template is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Small-claims practice in Michigan is highly procedural and fact-specific; local court rules vary by district. Before filing, have a Michigan-licensed attorney or the court’s self-help center review and adapt this document to the facts of your case and to the rules of the specific district court in which it will be filed.

SMALL CLAIMS ANSWER & AFFIRMATIVE DEFENSES

State of Michigan – District Court, Small Claims Division

[// GUIDANCE: Replace every bracketed item in ALL-CAPS with matter-specific information. Delete all guidance comments prior to filing.]

I. DOCUMENT HEADER

Court: IN THE [] JUDICIAL DISTRICT COURT, COUNTY OF [], STATE OF MICHIGAN
Division: SMALL CLAIMS DIVISION
Case No.: [CASE NUMBER]
Plaintiff: [PLAINTIFF LEGAL NAME]
Defendant: [DEFENDANT LEGAL NAME]

Title: ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM OF DEFENDANT [DEFENDANT NAME]

II. DEFINITIONS (Reserved)

[// GUIDANCE: Small-claims answers rarely require defined terms. If specialized terms are later introduced—e.g., “Agreement,” “Goods”—insert precise definitions here and cross-reference.]

III. OPERATIVE PROVISIONS

1. Appearances
   a. Defendant appears in this action on the hearing/answer deadline stated in the Small Claims Summons.
   b. Defendant acknowledges the matter is subject to Michigan small-claims jurisdictional limits and procedures.

2. Admissions, Denials, and Statements
   (a) Paragraph-by-Paragraph Response:
     i. Paragraph 1 of the Complaint: [ADMIT / DENY / LACK INFORMATION, THEREFORE DENY].
     ii. Paragraph 2 of the Complaint: [ADMIT / DENY / LACK INFORMATION, THEREFORE DENY].
     … continue for each numbered paragraph of the Complaint …
   (b) To the extent any allegation is not expressly admitted herein, it is denied.

3. Monetary Jurisdiction
   Defendant states that the amount in controversy does not exceed the statutory small-claims limit in Michigan and therefore this Court has subject-matter jurisdiction.

4. Reservation of Rights
   Defendant expressly reserves all rights available under Michigan law, including the right to remove this action to the general civil division pursuant to applicable statute and court rule.

IV. AFFIRMATIVE DEFENSES

Defendant pleads the following affirmative defenses without conceding the burden of proof as to any such defense and reserves the right to amend or supplement these defenses as discovery and investigation continue:

1. Failure to State a Claim – The Complaint fails to state a claim upon which relief can be granted.
2. Lack of Standing – Plaintiff lacks legal standing to assert the claims.
3. Accord and Satisfaction – Prior good-faith settlement fully satisfied the obligation alleged.
4. Payment / Set-Off – Amounts claimed have been paid in full or are subject to lawful set-off.
5. Statute of Limitations – The claim is barred by the applicable limitations period.
6. Improper Service of Process – Service did not comply with Michigan court rules and due-process requirements.
7. Statute of Frauds – Any alleged agreement is unenforceable under the statute of frauds.
8. Failure of Consideration – No consideration supports the alleged obligation.
9. Unclean Hands – Plaintiff’s own misconduct bars or limits relief.
10. Any Additional Defense available under Michigan law that may become known through further investigation or discovery.

[// GUIDANCE: Delete or add defenses based on actual facts. List only those that have a good-faith factual and legal basis.]

V. COUNTERCLAIM (Optional – complete only if Defendant seeks affirmative recovery)

1. Counter-Plaintiff: [DEFENDANT NAME]
2. Counter-Defendant: [PLAINTIFF NAME]
3. Jurisdiction & Amount: This Counterclaim is brought within Michigan small-claims monetary limits.
4. Factual Allegations: [STATE FACTS GIVING RISE TO COUNTERCLAIM IN NUMBERED PARAGRAPHS.]
5. Legal Theory: [BREACH OF CONTRACT / UNJUST ENRICHMENT / PROPERTY DAMAGE / etc.]
6. Relief Requested: Counter-Plaintiff demands judgment against Counter-Defendant in the amount of $[__] plus allowable costs and statutory interest.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:
A. Dismiss the Complaint with prejudice and enter judgment in favor of Defendant;
B. Award Defendant costs as permitted by Michigan law;
C. Enter judgment in Defendant’s favor on any Counterclaim asserted herein; and
D. Grant such further relief as the Court deems just and equitable.

VII. VERIFICATION

I, [DEFENDANT NAME], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Date: //_     Signature: _____
Printed Name: [DEFENDANT NAME]

VIII. CERTIFICATE OF SERVICE

I certify that on //_ I served a true copy of this Answer (and Counterclaim, if any) upon [PLAINTIFF NAME] at [PLAINTIFF ADDRESS] by [FIRST-CLASS MAIL / HAND DELIVERY / COURT-APPROVED METHOD], in accordance with Michigan Court Rules.

Signature: _____
Printed Name: [DEFENDANT NAME]
Address: [DEFENDANT ADDRESS]
Phone: [DEFENDANT PHONE]
Email: [DEFENDANT EMAIL (if permitted)]

[// GUIDANCE: Michigan law generally prohibits attorney representation at the hearing itself in small-claims cases, but an attorney may assist in preparing pleadings. Verify with local court whether an answer is required or whether appearance alone is sufficient. Some districts treat this filing as an “Appearance and Answer.” Always file within the date on the summons (often 7–28 days from service) and pay any required filing fee for counterclaims.]