Small Claims Answer

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

North Dakota requires the use of official court Form 4 (Defendant's Answer/Counter
Claim) for small claims responses. This template provides the substantive legal content
to help you prepare — but you must transfer your content to the official form before
filing. The official form is available at
https://www.ndcourts.gov/legal-self-help/small-claims.
Do not file this document directly with the court.

[COURT NAME]

[COUNTY], NORTH DAKOTA

[PLAINTIFF NAME]
Plaintiff,

v.

[DEFENDANT NAME]
Defendant.

Case No.: __________

ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

(Prepared for North Dakota Small Claims Court)

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I. DOCUMENT HEADER

1. Document Title: “Answer, Affirmative Defenses, and (Optional) Counterclaim.”
2. Parties: Identified in caption above.
3. Effective Date: Filed on the date stamped by the clerk of the court.
4. Jurisdiction: This pleading is submitted to the small-claims division of the District Court for [COUNTY], State of North Dakota.

II. DEFINITIONS (Optional; include only if specialized terms are used)

Not required for most small-claims answers. Omit unless needed.

III. OPERATIVE RESPONSES

1. Paragraph-by-Paragraph Answer
   For each paragraph of Plaintiff’s Statement of Claim, Defendant states:

2. General Denial (If Applicable)
   To the extent any allegation is not specifically admitted herein, Defendant denies each and every remaining allegation.

IV. AFFIRMATIVE DEFENSES

Without assuming the burden of proof on any matter that law imposes on Plaintiff, Defendant asserts the following affirmative defenses, each of which is pled in the alternative to the extent permitted by N.D. R. Civ. P. 8 and applicable small-claims procedure:

1. Failure to State a Claim – Plaintiff’s Statement of Claim fails to state facts sufficient to constitute a cause of action.
2. Payment and Satisfaction – The debt or obligation, if any, has been paid, released, or otherwise satisfied.
3. Accord and Satisfaction – The parties reached a binding accord and satisfaction extinguishing the alleged obligation.
4. Statute of Limitations – Plaintiff’s claim is barred, in whole or in part, by applicable limitation periods.
5. Setoff/Recoupment – Any liability of Defendant is offset, in whole or in part, by monies owed to Defendant by Plaintiff.
6. Lack of Standing – Plaintiff lacks legal standing or ownership of the claim.
7. Laches / Estoppel / Waiver – Plaintiff’s conduct bars or diminishes recovery under equitable principles.
8. Defective Service or Process – Service of the Statement of Claim was insufficient under North Dakota law.
9. Reservation of Additional Defenses – Defendant reserves the right to assert additional defenses that become known through discovery or further investigation.

V. (OPTIONAL) COUNTERCLAIM

1. Parties
   a. Counter-Plaintiff: [DEFENDANT NAME] (“Counter-Plaintiff”).
   b. Counter-Defendant: [PLAINTIFF NAME] (“Counter-Defendant”).

2. Jurisdiction & Venue
   a. This Counterclaim arises from the same transaction or occurrence as Plaintiff’s claim and is within the jurisdictional monetary limit of this Court.
   b. Venue is proper in this Court under North Dakota small-claims procedure.

3. Factual Allegations
   a. ____________________________________
   b. ____________________________________
   c. ____________________________________

4. Cause(s) of Action
   a. [BREACH OF CONTRACT / UNJUST ENRICHMENT / PROPERTY DAMAGE / etc.]
   i. Counter-Defendant owed Counter-Plaintiff the duty to __________.
   ii. Counter-Defendant breached that duty by __________.
   iii. Counter-Plaintiff was damaged in the amount of $____________.

5. Demand for Relief
   Counter-Plaintiff demands judgment against Counter-Defendant in the amount of $____________, plus allowable costs and such further relief as the Court deems just and equitable.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

a. Dismiss Plaintiff’s Statement of Claim with prejudice;
b. Enter judgment in favor of Defendant on all claims;
c. Award costs allowable by law;
d. Grant such other and further relief as the Court deems just and proper.

VII. VERIFICATION (REQUIRED)

I, [DEFENDANT NAME], being first duly sworn upon oath, depose and say that I am the Defendant in the above-entitled action; that I have read the foregoing Answer, Affirmative Defenses, and (if pleaded) Counterclaim, and know the contents thereof; and that the same are true to the best of my knowledge, information, and belief.

_________________________________
[DEFENDANT NAME]
Date: __________

State of North Dakota )
County of [COUNTY] ) ss.

Subscribed and sworn to before me on the ____ day of ____________, 20____.

_________________________________
Notary Public for the State of North Dakota
My Commission Expires: ____________

VIII. CERTIFICATE OF SERVICE

I hereby certify that on the ____ day of ____________, 20____, I served a true and correct copy of the foregoing Answer, Affirmative Defenses, and (Optional) Counterclaim upon [PLAINTIFF NAME] at [PLAINTIFF ADDRESS] by ☐ mail ☐ hand delivery ☐ other authorized method.

_________________________________
[DEFENDANT NAME] or Counsel for Defendant

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ADDITIONAL PRACTICAL NOTES