DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM
State of New Hampshire – Circuit Court – District Division
[COUNTY] at [LOCATION]
Docket No. ____
I. DOCUMENT HEADER
1.1 Title.
DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM TO SMALL CLAIMS COMPLAINT
1.2 Parties.
a. Plaintiff: [PLAINTIFF LEGAL NAME], an individual/entity with an address of [ADDRESS].
b. Defendant: [DEFENDANT LEGAL NAME], an individual/entity with an address of [ADDRESS].
1.3 Jurisdiction & Venue.
This matter is brought under the New Hampshire Small Claims Statute, N.H. Rev. Stat. Ann. ch. 503, and the Uniform Small Claims Rules of the Circuit Court–District Division (“Small Claims Rules”). Venue is proper in this Court because [INSERT REASON—e.g., defendant resides here, transaction occurred here].
1.4 Appearance & Timeliness.
Defendant files this Answer within thirty (30) days after service of the Notice of Small Claim in compliance with Small Claims Rule 2.
[// GUIDANCE: Replace bracketed items. File the completed Answer with the Court and mail/hand-deliver a copy to Plaintiff (Certificate of Service, § VII).]
II. DEFINITIONS (Optional – include only if useful in a complex factual setting)
“Claim” means the cause(s) of action stated in Plaintiff’s Small Claim Complaint dated [DATE].
“Complaint” means the Small Claim Complaint and any attachments served on Defendant.
“Parties” means collectively Plaintiff and Defendant.
III. OPERATIVE RESPONSES TO COMPLAINT
3.1 General Denial.
Pursuant to Small Claims Rule 2, Defendant generally denies each and every allegation in the Complaint except those expressly admitted below.
3.2 Paragraph-by-Paragraph Responses.
1. Paragraph [_1] of the Complaint: [ADMIT / DENY / LACK SUFFICIENT INFORMATION—therefore deny].
2. Paragraph [2] of the Complaint: […]
3. Paragraph [3]_ of the Complaint: […]
(Continue as necessary.)
[// GUIDANCE: If you choose the general-denial option permitted by Rule 2, you may delete § 3.2. If specific admissions/denials are advantageous—e.g., for set-off or partial payment—complete § 3.2.]
IV. AFFIRMATIVE DEFENSES
Without conceding the burden of proof, and reserving the right to amend, Defendant asserts the following defenses to some or all of Plaintiff’s claims:
A. Failure to State a Claim.
B. Payment and/or Accord & Satisfaction.
C. Statute of Limitations (RSA ch. 508).
D. Lack of Standing / Real Party in Interest.
E. Estoppel, Waiver, and/or Laches.
F. Set-Off and Recoupment.
G. Unjust Enrichment.
H. Any additional defense available under New Hampshire or federal law that becomes apparent through discovery.
[// GUIDANCE: Strike defenses that clearly do not apply; add any fact-specific defenses (e.g., warranty disclaimers, misidentification of party).]
V. COUNTERCLAIM (Optional)
5.1 Nature of Counterclaim.
Defendant asserts a counterclaim against Plaintiff arising out of the same transaction/occurrence pursuant to Small Claims Rule 4.
5.2 Statement of Facts.
1. On or about [DATE], Plaintiff […]
2. As a direct result, Defendant incurred damages of $[AMOUNT].
5.3 Claim for Relief.
a. Breach of Contract.
b. [Other applicable theories]
5.4 Jurisdictional Amount.
The amount sought ($[AMOUNT]) does not exceed the statutory small-claims limit currently set by RSA 503 ($10,000).
[// GUIDANCE: Counterclaims must be filed at least ten (10) days before the scheduled hearing and served on Plaintiff (Small Claims Rule 4). If no counterclaim, delete § V and renumber subsequent headings.]
VI. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that the Court:
1. Dismiss Plaintiff’s Complaint with prejudice;
2. Enter judgment in favor of Defendant on all claims;
3. Award Defendant costs, allowable fees, and such other relief as justice requires;
4. If a counterclaim is pled, enter judgment for Defendant on the counterclaim in the amount of $[AMOUNT] plus pre- and post-judgment interest as allowed by law.
VII. VERIFICATION & CERTIFICATION
I, [DEFENDANT NAME], hereby verify that the factual statements contained in this Answer, Affirmative Defenses, and Counterclaim are true and correct to the best of my knowledge, information, and belief, and made under penalty of unsworn falsification pursuant to RSA 641:3.
Date: //20 ____
[DEFENDANT NAME]
[ADDRESS]
[PHONE / EMAIL]
VIII. CERTIFICATE OF SERVICE
I certify that on this date I mailed or hand-delivered a true copy of the foregoing to:
[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]
Date: //20 ____
[DEFENDANT OR COUNSEL]
[// GUIDANCE:
1. If Defendant is a business entity, include corporate authority language (e.g., “I am authorized to sign on behalf of Defendant”).
2. Small Claims proceedings generally do not require notarization, but verify local practice.
3. If represented, attorney must sign and include NH Bar #, address, and phone per Rules of Professional Conduct 1.5 and Small Claims Rule 9.
4. Keep a complete copy stamped “Filed” for your records.]