Mississippi Small Claims Court Answer (Justice Court)

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

Before you use this: Complete only the responses and defenses that fit the claim, sign the answer, and confirm the court's current filing and service instructions.

COURT CAPTION

IN THE JUSTICE COURT OF [________________________________] COUNTY, MISSISSIPPI

Civil Action No.: [________________________________]

Hearing Date: [__/__/____]
Hearing Time: [________________________________]
Justice Court Judge: [________________________________]
Court Location: [________________________________]

PART I — PARTIES

Plaintiff (Person/Business Filing the Claim):

Name: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Defendant (Person/Business Responding to the Claim):

Name: [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

PART II — APPEARANCE AND RESPONSE

Defendant [________________________________] hereby appears in this action and responds to the Complaint (Statement of Claim) filed by Plaintiff [________________________________] on [__/__/____], pursuant to the Rules of Justice Court, the Mississippi Small Claims Procedure Act (Miss. Code Ann. §§ 11-9-101 through 11-9-147), and the Mississippi Rules of Civil Procedure as applicable.

This matter is pending in the Justice Court of [________________________________] County, Mississippi.

PART III — RESPONSE TO PLAINTIFF'S CLAIMS

Defendant responds to the substance of Plaintiff's claims as set forth in the Complaint. Check the applicable response for each claim and provide an explanation where indicated.

Claim 1: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

Claim 2: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

Claim 3: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

Claim 4: [________________________________]

☐ Admitted. Defendant admits this claim in full.

☐ Denied. Defendant denies this claim. Reason: [________________________________]

☐ Denied for lack of information. Defendant lacks sufficient knowledge or information to admit or deny this claim and therefore denies it.

☐ Admitted in part; denied in part. Defendant admits: [________________________________]. Defendant denies: [________________________________].

(Add additional claim responses as needed to address all claims in the Complaint.)

General Denial

Except as expressly admitted above, Defendant denies each and every allegation, matter, and thing contained in the Complaint and demands strict proof thereof by a preponderance of the evidence.

PART IV — DEFENDANT'S STATEMENT OF FACTS

Defendant states the following facts in response to Plaintiff's claims:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

(Describe the facts in your own words. Include specific dates, dollar amounts, events, and communications. Attach copies of supporting documents — contracts, receipts, emails, text messages, photographs — as exhibits.)

PART V — AMOUNT IN DISPUTE

1. Amount claimed by Plaintiff: $[________________________________]

2. Defendant's position on the amount:

☐ Defendant owes nothing to Plaintiff because [________________________________].

☐ Defendant owes less than the amount claimed. The correct amount, if any, is $[________________________________] because [________________________________].

☐ Defendant has already paid the full amount claimed. Payment of $[________________________________] was made on [__/__/____] by [________________________________] (describe method of payment).

☐ Defendant has partially paid the claimed amount. Payment of $[________________________________] was made on [__/__/____]. Remaining balance is disputed because [________________________________].

PART VI — AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses without conceding any burden of proof not otherwise imposed by law. Under Mississippi Rule of Civil Procedure 8(c), most affirmative defenses are waived if not raised in the initial responsive pleading. Check all applicable defenses and provide brief supporting facts.

Defense 1: Failure to State a Claim

☐ The Complaint fails to allege facts sufficient to state a claim upon which relief can be granted under Mississippi law.

Defense 2: Lack of Subject-Matter Jurisdiction

☐ The amount in controversy exceeds the Justice Court's applicable statutory jurisdictional limit. The amount claimed is $[____________].

Defense 3: Lack of Personal Jurisdiction / Improper Service

☐ Plaintiff failed to properly serve Defendant with process as required by the Rules of Justice Court and Mississippi law, depriving this Court of personal jurisdiction over Defendant.

Defense 4: Statute of Limitations

☐ Plaintiff's claim is time-barred by the applicable statute of limitations, including but not limited to:

☐ Miss. Code Ann. § 15-1-49 — Written contract / general catch-all (3 years)

☐ Miss. Code Ann. § 15-1-29 — Open account or unwritten contract (3 years)

☐ Miss. Code Ann. § 15-1-49 — Personal injury (3 years)

☐ Miss. Code Ann. § 15-1-49 — Property damage (3 years)

☐ Miss. Code Ann. § 75-2-725 — Sale of goods under UCC (6 years)

☐ Other: [________________________________]

Plaintiff's claim arose on or about [__/__/____] and was not filed within the applicable limitations period.

Defense 5: Payment and Full Satisfaction

☐ Any obligation owed to Plaintiff has been fully paid, satisfied, or discharged. Defendant paid $[________________________________] on [__/__/____] by [________________________________].

Defense 6: Accord and Satisfaction

☐ The parties reached a settlement agreement resolving the claimed obligation, and Defendant has fully performed its obligations under that settlement.

Defense 7: Set-Off / Recoupment

☐ Defendant is entitled to set off against any recovery by Plaintiff the sum of $[________________________________] that Plaintiff owes Defendant for [________________________________].

Defense 8: Failure of Consideration

☐ The obligation alleged by Plaintiff is unenforceable because consideration was absent, failed, or was insufficient.

Defense 9: Breach by Plaintiff

☐ Plaintiff materially breached the agreement at issue, which excuses Defendant's obligation to perform, because [________________________________].

Defense 10: Lack of Standing

☐ Plaintiff lacks legal standing or capacity to bring this action because [________________________________].

Defense 11: Waiver

☐ By Plaintiff's own conduct or representations, Plaintiff waived the right to assert the claims alleged. Specifically: [________________________________].

Defense 12: Estoppel / Laches

☐ Plaintiff is equitably estopped from asserting the claims alleged because Plaintiff's prior conduct or representations induced Defendant's reasonable reliance to Defendant's detriment.

☐ Plaintiff unreasonably delayed in bringing this claim, prejudicing Defendant's ability to defend (laches).

Defense 13: Comparative / Contributory Fault

☐ Any damages suffered by Plaintiff were caused in whole or in part by Plaintiff's own negligence, fault, or conduct. Under Miss. Code Ann. § 11-7-15, any recovery is reduced in proportion to Plaintiff’s own negligence, but Plaintiff’s negligence does not by itself bar recovery even when it exceeds Defendant’s share.

Defense 14: Unjust Enrichment

☐ Plaintiff's recovery would result in unjust enrichment under the circumstances of this case.

Defense 15: Statute of Frauds

☐ The alleged agreement is unenforceable under Mississippi's Statute of Frauds, Miss. Code Ann. § 15-3-1, because [________________________________].

Defense 16: Illegality / Void Agreement

☐ The alleged agreement is void or unenforceable as contrary to Mississippi law or public policy.

Defense 17: Other Defenses

☐ [________________________________]

☐ Defendant reserves the right to assert additional defenses as permitted by the Court and as they become known through further investigation.

PART VII — COUNTERCLAIM (OPTIONAL)

A. Counterclaim Election

☐ No counterclaim. Defendant does not assert a counterclaim at this time.

☐ Counterclaim asserted. Pursuant to the Rules of Justice Court, Rule 16, and Miss. Code Ann. § 9-11-21, Defendant asserts the following counterclaim against Plaintiff.

B. Counterclaim Details

1. Counter-Plaintiff (Defendant above): [________________________________]

2. Counter-Defendant (Plaintiff above): [________________________________]

3. Amount of Counterclaim: $[________________________________]
   

4. Basis for Counterclaim:

☐ Breach of contract

☐ Property damage

☐ Unjust enrichment / money had and received

☐ Money owed for goods or services provided

☐ Return of deposit or prepayment

☐ Other: [________________________________]

5. Statement of Facts Supporting Counterclaim:

On or about [__/__/____], [________________________________].

As a direct and proximate result, Defendant/Counter-Plaintiff suffered damages in the amount of $[________________________________].

6. Supporting Documents: (attach copies)

☐ Contract or agreement dated [__/__/____]

☐ Receipts or invoices: [________________________________]

☐ Photographs or video: [________________________________]

☐ Text messages, emails, or other written communications: [________________________________]

☐ Other: [________________________________]

C. Relief Requested on Counterclaim

Defendant demands judgment against Plaintiff/Counter-Defendant in the amount of $[________________________________], together with:

☐ Pre- and post-judgment interest as allowed by Mississippi law

☐ Court costs as permitted under Mississippi law

☐ Such other relief as the Court deems just and proper

PART VIII — DOCUMENTS AND EVIDENCE

Defendant intends to present the following documents and evidence at the hearing:

☐ Written contract or agreement dated [__/__/____]

☐ Receipts, invoices, or billing statements: [________________________________]

☐ Photographs or video: [________________________________]

☐ Text messages, emails, or other written communications: [________________________________]

☐ Bank statements or canceled checks: [________________________________]

☐ Repair estimates or appraisals: [________________________________]

☐ Witness testimony from: [________________________________]

☐ Other: [________________________________]

(Bring originals and at least two (2) copies of all documents to the hearing — one for the Court and one for the Plaintiff.)

PART IX — WITNESSES

Defendant intends to call the following witnesses at the hearing:

PART X — PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Dismiss the Complaint with prejudice and enter judgment in favor of Defendant on all claims;

B. Deny Plaintiff all relief requested in the Complaint;

C. Award Defendant costs as permitted under Mississippi law;

D. Enter judgment in Defendant's favor on the Counterclaim (if asserted) in the amount of $[________________________________], together with interest and costs; and

E. Grant such other and further relief as the Court deems just and equitable.

PART XI — VERIFICATION

(Justice Court proceedings generally require a sworn verification. Complete this section and have your signature notarized.)

STATE OF MISSISSIPPI
COUNTY OF [________________________________]

I, [________________________________], being first duly sworn, state that I am the Defendant in the above-captioned matter; that I have read the foregoing Answer; that the facts stated therein are true and correct to the best of my knowledge, information, and belief; and that I am competent to make this statement.

Signature: ________________________________________

Printed Name: [________________________________]

Title (if representing a business): [________________________________]

Address: [________________________________]

City, State, Zip: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

________________________________________
Notary Public, State of Mississippi
My Commission Expires: [__/__/____]

PART XII — CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of this Answer (and Counterclaim, if applicable) upon Plaintiff as follows:

Plaintiff's Name: [________________________________]

Plaintiff's Address: [________________________________]

Method of Service:

☐ U.S. First-Class Mail, postage prepaid

☐ Certified Mail, Return Receipt Requested

☐ Hand Delivery / Personal Service

☐ Email (if permitted by Court): [________________________________]

☐ Other: [________________________________]

Signature: ________________________________________

Printed Name: [________________________________]

Mississippi Bar No. (if attorney): [________________________________]

Address: [________________________________]

Phone: [________________________________]

Email: [________________________________]

Date: [__/__/____]