IN THE JUSTICE COURT OF [COUNTY] COUNTY, MISSISSIPPI

Small Claims Division

[PLAINTIFF NAME]
Plaintiff,

v. Civil Action No. [CAUSE NUMBER]

[DEFENDANT NAME]
Defendant.

ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

(Pursuant to Miss. R. Civ. P. 8, 12 & 13 and applicable Justice Court rules)

[// GUIDANCE: Verify the correct court name, cause number, and division before filing. Confirm the applicable answer-deadline; in most Mississippi civil matters an answer is due 30 days after service under Miss. R. Civ. P. 12(a), unless the Justice Court sets a shorter period.]

1. PRELIMINARY STATEMENT

1.1 Defendant [DEFENDANT NAME] (“Defendant”) hereby submits this Answer to the Small Claims Complaint (“Complaint”) filed by [PLAINTIFF NAME] (“Plaintiff”).

1.2 All allegations not expressly admitted herein are denied.

2. SPECIFIC RESPONSES TO THE NUMBERED PARAGRAPHS OF THE COMPLAINT

[// GUIDANCE: Mirror the exact numbering of the Complaint. If the Complaint is not numbered, restate each allegation verbatim or incorporate by reference and respond sequentially.]

3. GENERAL DENIAL

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

4. AFFIRMATIVE DEFENSES

[// GUIDANCE: Plead all defenses that might apply; under Miss. R. Civ. P. 8(c) most are waived if not raised in the initial responsive pleading.]

4.1 Failure to State a Claim – The Complaint fails to state a claim upon which relief can be granted.

4.2 Lack of Subject-Matter Jurisdiction – The amount in controversy exceeds the statutory limit of the Small Claims Division, or the claim otherwise falls outside this Court’s jurisdiction.

4.3 Lack of Personal Jurisdiction / Improper Service – Plaintiff failed to effectuate proper service of process, depriving the Court of personal jurisdiction over Defendant.

4.4 Statute of Limitations – The claim is barred, in whole or in part, by the applicable statute(s) of limitation.

4.5 Payment and/or Accord and Satisfaction – Any obligation owed has been fully paid, satisfied, or discharged.

4.6 Set-Off – Any liability to Plaintiff is subject to set-off in an amount equal to or exceeding the sums sought.

4.7 Failure of Consideration – No valid consideration supports Plaintiff’s claim.

4.8 Unjust Enrichment – Plaintiff seeks recovery that would result in unjust enrichment.

4.9 Estoppel / Waiver / Laches – Plaintiff’s conduct bars or diminishes its claim.

4.10 Comparative / Contributory Fault – Any damages must be reduced in proportion to Plaintiff’s own fault.

4.11 Reservation – Defendant reserves the right to assert additional defenses that become known through discovery or investigation.

5. COUNTERCLAIM (If Any)

[// GUIDANCE: A counterclaim that “arises out of the transaction or occurrence” giving rise to Plaintiff’s claim is compulsory under Miss. R. Civ. P. 13(a) and must be pled or it is waived. Insert “N/A” if no counterclaim is asserted.]

5.1 Defendant asserts the following Counterclaim against Plaintiff:
(a) [Counterclaim Description] – Plaintiff [factual allegations supporting counterclaim].
(b) Damages – Defendant seeks judgment against Plaintiff in the amount of $[AMOUNT], plus interest, costs, and any other relief the Court deems just and proper.

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
A. Dismiss the Complaint with prejudice;
B. Enter judgment in favor of Defendant on all claims;
C. Award Defendant costs of court and any other relief to which Defendant is justly entitled; and
D. On the Counterclaim (if asserted), enter judgment in favor of Defendant in the amount set forth above, with interest and costs.

7. RESERVATION OF RIGHTS

Defendant reserves the right to amend this Answer to add, modify, or withdraw defenses and/or counterclaims as permitted by the Mississippi Rules of Civil Procedure and the rules governing this Court.

8. VERIFICATION

[// GUIDANCE: Justice Court usually requires verification (sworn statement) for pleadings filed by self-represented litigants. Check your local rule.]

STATE OF MISSISSIPPI
COUNTY OF [COUNTY]

I, [DEFENDANT NAME], being first duly sworn, state that I have read the foregoing Answer, know the contents thereof, and that the statements made therein are true and correct to the best of my knowledge, information, and belief.

_____________________________
[DEFENDANT NAME]

Subscribed and sworn before me this ___ day of __________, 20__.

_____________________________
Notary Public for the State of Mississippi
My Commission Expires: __________

9. CERTIFICATE OF SERVICE

I certify that on this ___ day of __________, 20__, I served a true and correct copy of the foregoing Answer (and Counterclaim, if any) upon:

• [PLAINTIFF NAME / PLAINTIFF’S COUNSEL]
• Address: [ADDRESS]
• Method of service: [U.S. Mail / Hand Delivery / Email (if permitted) / Other]

_____________________________
[DEFENDANT OR COUNSEL NAME]
[MSB # (if attorney)]
[ADDRESS]
[PHONE] | [EMAIL]

[// GUIDANCE:
1. Filing – File the original Answer with the Justice Court Clerk and pay any required filing fee for counterclaims.
2. Appearance – Even after filing an Answer, Defendant must appear on the trial date unless excused by the Court.
3. Evidence – Bring all relevant documents (contracts, receipts, photographs, etc.) to the hearing.
4. Settlement – Mississippi small claims courts encourage pre-trial settlement; consider mediation where available.
]