DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

[IN THE SMALL CLAIMS DIVISION OF THE _ COURT OF ___ COUNTY, STATE OF MONTANA]

[// GUIDANCE: Replace bracketed text (including this comment) with case-specific information before filing.]

I. DOCUMENT HEADER

1. Caption

PLAINTIFF: [PLAINTIFF FULL LEGAL NAME]
DEFENDANT: [DEFENDANT FULL LEGAL NAME]
CASE NO.: [COURT-ASSIGNED NUMBER]

2. Title of Pleading
   DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM (IF ANY)

3. Recitals / Preliminary Statement
   The Defendant files this pleading pursuant to the Montana Small Claims statutes and the local rules of the above-captioned Court. Defendant reserves all rights, claims, and defenses available under Montana law and the United States Constitution.

II. DEFINITIONS

For purposes of this Answer:
A. “Complaint” means the Plaintiff’s Small Claims Complaint served on Defendant on [DATE OF SERVICE].
B. “Court” means the Small Claims Division of the above-captioned Montana court.
C. “Small Claims Limit” means the maximum monetary jurisdiction of this Court as set out in Montana statute (currently $[INSERT] exclusive of allowable costs).

III. OPERATIVE PROVISIONS

1. Timeliness of Answer
   Defendant files this Answer within the statutory period of ___ calendar days after service of the Complaint.
   [// GUIDANCE: Verify the current filing deadline under MCA Title 25, Ch. 35 and local rules—commonly 10 business days from service.]

2. Paragraph-by-Paragraph Responses
   For ease of reference, Defendant adopts the numbering used in the Complaint. Unless expressly admitted, each allegation is denied.

¶1: [ADMIT / DENY / LACK SUFFICIENT KNOWLEDGE, THEREFORE DENY]
¶2: …
¶3: …
(Continue until each paragraph of the Complaint is addressed.)

3. General Denial
   To the extent any allegation in the Complaint is not specifically admitted herein, it is denied.

IV. AFFIRMATIVE DEFENSES

Without conceding the allocation of the burden of proof, and reserving the right to amend upon discovery, Defendant asserts the following defenses:

1. Failure to State a Claim – The Complaint fails to allege facts sufficient to constitute a claim upon which relief may be granted.
2. Lack of Subject-Matter Jurisdiction / Exceeding Small Claims Limit – The amount in controversy, together with any requested costs, exceeds the statutory jurisdiction of this Court.
3. Improper Service of Process – Service was not completed in accordance with the Montana Rules for small claims actions.
4. Payment and Satisfaction – The debt at issue has been fully or partially satisfied.
5. Statute of Limitations – Plaintiff’s claims are time-barred under applicable limitation periods.
6. Accord and Satisfaction / Settlement – The parties previously entered into a binding agreement resolving the disputed amount.
7. Set-Off / Recoupment – Any amount owed to Plaintiff must be reduced by sums Plaintiff owes Defendant arising out of the same transaction.
8. Estoppel – Plaintiff’s conduct precludes it from asserting the claims alleged.
9. Waiver – Plaintiff voluntarily and intentionally relinquished the rights now asserted.
10. Unclean Hands – Plaintiff’s inequitable conduct bars the relief requested.
11. Failure to Mitigate – Plaintiff failed to take reasonable steps to mitigate alleged damages.

[// GUIDANCE: Include only those defenses that have a good-faith factual basis. Strike any inapplicable items.]

V. COUNTERCLAIM (Optional)

[DEFENDANT], for counterclaim against Plaintiff, alleges:

1. Jurisdiction & Venue – This Counterclaim arises from the same transaction/occurrence as Plaintiff’s Complaint and is within this Court’s monetary jurisdiction.
2. Facts Common to All Counts – [BRIEFLY STATE FACTS GIVING RISE TO COUNTERCLAIM].
3. Claim for Relief – Plaintiff owes Defendant $[AMOUNT] for [GOODS / SERVICES / DAMAGES], which sum remains unpaid despite demand.
4. Prayer for Counter-Relief – Defendant demands judgment against Plaintiff in the amount of $[AMOUNT] plus court costs and any other relief deemed just and equitable.

[// GUIDANCE: Confirm that the counterclaim does not exceed the Small Claims Limit and is filed within the statutory deadline (often at least 2 business days before hearing).]

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
A. Dismiss the Complaint with prejudice;
B. Enter judgment for Defendant on all affirmative defenses;
C. Enter judgment on Defendant’s Counterclaim (if asserted) in the amount of $[AMOUNT] plus allowable costs;
D. Award such other and further relief as justice requires.

VII. VERIFICATION

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

Date: _, 20

[DEFENDANT NAME]
[DEFENDANT ADDRESS]
[DEFENDANT PHONE / EMAIL]

VIII. CERTIFICATE OF SERVICE

I certify that on the ___ day of __, 20_, I served a true and correct copy of the foregoing ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM (IF ANY) upon:

[PLAINTIFF OR PLAINTIFF’S COUNSEL]
[ADDRESS]
by: ☐ U.S. Mail ☐ Hand Delivery ☐ Email (if permitted) ☐ Other: ____

[DEFENDANT NAME]

END OF DOCUMENT

[// GUIDANCE:
1. Attach any supporting exhibits as necessary.
2. File the original with the Clerk and serve Plaintiff per local rule.
3. Retain proof of service.
4. Review court-specific forms; some Montana courts supply mandatory templates—ensure format compliance.]