[COURT SEAL OR LETTERHEAD, IF REQUIRED]

IN THE CIRCUIT COURT OF ______ COUNTY, MISSOURI
SMALL CLAIMS DIVISION

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

Case No.: ______

DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM
[Mo. Sup. Ct. R. 140; § 482.300 et seq., RSMo]

TABLE OF CONTENTS
I. Preliminary Statements............................................. 2
II. Specific Responses to Petition..................................... 2
III. General Denial (Alternative)....................................... 3
IV. Affirmative Defenses............................................... 3
V. Counterclaim (Optional)............................................ 4
VI. Prayer for Relief.................................................. 5
VII. Verification....................................................... 5
VIII. Certificate of Service............................................ 6

[// GUIDANCE: This template is drafted to comply with Missouri small-claims practice. Customize bracketed text, delete inapplicable sections, and confirm all factual allegations with your client before filing.]

I. PRELIMINARY STATEMENTS
1. Defendant [DEFENDANT NAME] (“Defendant”) appears pro se/by counsel and submits this Answer to the Petition filed by [PLAINTIFF NAME] (“Plaintiff”).
2. Defendant reserves the right to amend this Answer, plead additional defenses, and assert additional counterclaims as permitted by Missouri law and the Court’s scheduling orders.
3. Defendant states that any allegation in the Petition not specifically admitted herein is denied.

[// GUIDANCE: Missouri small-claims rules do not require a written answer; however, filing an answer can preserve affirmative defenses and streamline the hearing.]

II. SPECIFIC RESPONSES TO PETITION
[// GUIDANCE: Mirror the numbering in the Petition exactly. Admit, deny, or state “insufficient information” for each paragraph.]

1. Paragraph 1: Defendant admits that _______.
2. Paragraph 2: Defendant denies the allegations contained therein.
3. Paragraph 3: Defendant is without sufficient information to form a belief as to the truth of the matters alleged and therefore denies same.
4. Paragraph : _________.

III. GENERAL DENIAL (ALTERNATIVE)
Without waiving the specific responses above, Defendant generally denies each and every material allegation contained in the Petition.

[// GUIDANCE: Use either detailed paragraph-by-paragraph responses or a general denial—never both as mutually exclusive. Retain one method and delete the other to avoid ambiguity.]

IV. AFFIRMATIVE DEFENSES
Subject to further investigation and discovery, Defendant asserts the following affirmative defenses, each of which is pled in the alternative and without conceding the allocation of the burden of proof:

A. Failure to State a Claim – The Petition fails to state facts sufficient to constitute a cause of action against Defendant.
B. Lack of Consideration – No valid consideration supports the alleged agreement.
C. Payment / Accord and Satisfaction – The alleged debt has been fully or partially paid, settled, or otherwise discharged.
D. Statute of Limitations – Plaintiff’s claim is barred in whole or part by the applicable limitations period.
E. Setoff / Recoupment – Any amount owed to Plaintiff must be reduced by sums due to Defendant.
F. Waiver, Estoppel, and Laches – Plaintiff’s conduct bars or diminishes recovery.
G. Failure of Condition Precedent – Plaintiff failed to satisfy contractual or statutory prerequisites.
H. Unclean Hands – Equity bars relief due to Plaintiff’s misconduct.
I. Reservation – Defendant reserves the right to assert additional defenses that become known.

[// GUIDANCE: Delete defenses that clearly do not apply; Missouri procedure requires affirmative defenses be pled or they may be deemed waived.]

V. COUNTERCLAIM (OPTIONAL – ≤ $5,000 EXCL. COSTS)
1. Jurisdiction & Venue
a. This Counterclaim arises out of the same transaction or occurrence alleged by Plaintiff and is within the monetary jurisdiction of the Missouri small-claims division (currently $5,000, exclusive of interest and costs).
2. Facts Common to All Counts
a. On or about __, Plaintiff _____.
b. As a direct result, Defendant suffered damages in the amount of $_.
3. Count I – Breach of Contract / Negligence / Other
a. ____.
4. Prayer for Counterclaim Relief
WHEREFORE, Defendant demands judgment against Plaintiff on the Counterclaim in the principal sum of $____, plus court costs, pre- and post-judgment interest as permitted by law, and such other relief as the Court deems just and proper.

[// GUIDANCE: A small-claims counterclaim must usually be filed at least ten (10) days before the trial date and served on Plaintiff. Confirm local practice.]

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 Defendant costs expended herein; and
d. Grant such additional relief as the Court deems just and equitable.

VII. VERIFICATION
I, ________, being first duly sworn, state that I am the Defendant in the above-entitled action; that I have read the foregoing Answer, Affirmative Defenses, and Counterclaim, and the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[DEFENDANT NAME]
Date: ______

[NOTARY BLOCK IF REQUIRED]
[// GUIDANCE: Missouri small-claims filings generally do not require notarization unless local court rules mandate. Verify with the clerk.]

VIII. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served upon:

[  ] Plaintiff at ______
  [  ] Plaintiff’s counsel, ___, at ________

by:
  [  ] First-Class U.S. Mail  [  ] Hand Delivery  [  ] E-Mail (consented)

on this __ day of ____, 20____.

[DEFENDANT / DEFENSE COUNSEL SIGNATURE]
Name: ______
Address: ____
Telephone: ____
E-Mail: __________

[// GUIDANCE: Confirm the Court’s preferred service method. Some Missouri small-claims divisions handle service administratively and may not require a separate certificate.]