Small Claims Answer Template

(New Jersey Special Civil Part – Small Claims Section)

[// GUIDANCE: This template is intended for use in the New Jersey Special Civil Part, Small Claims Section (≤ $3,000, or ≤ $5,000 for residential security-deposit matters). It is drafted to comply with N.J. Ct. R. 6:3-3 (Small Claims Answers & Counterclaims) and incorporates the affirmative-defense catalogue of N.J. Ct. R. 4:5-4. Adjust all bracketed items before filing.]*

TABLE OF CONTENTS

1. Document Header
2. Preliminary Statement & Jurisdictional Allegations
3. Specific Responses to Complaint
4. Affirmative Defenses
5. Counterclaim (Optional)
6. Prayer for Relief
7. Certification of Truthfulness (R. 1:4-4(b))
8. Certification of Service

1. DOCUMENT HEADER

STATE OF NEW JERSEY
[COUNTY] SPECIAL CIVIL PART
SMALL CLAIMS SECTION

[PLAINTIFF NAME], Docket No.: SC-[YYYY]-[#####]
Plaintiff,
v. Civil Action

[DEFENDANT NAME], DEFENDANT’S ANSWER,
Defendant. AFFIRMATIVE DEFENSES, AND
COUNTERCLAIM (IF ANY)

Effective Date of Filing: [DATE]
Return/Trial Date on Summons: [DATE]

2. PRELIMINARY STATEMENT & JURISDICTIONAL ALLEGATIONS

1. Defendant, [DEFENDANT NAME] (“Defendant”), appears pro se/by counsel and submits this Answer pursuant to N.J. Ct. R. 6:3-3(a).
2. Defendant admits that this matter is properly venued in the Special Civil Part, Small Claims Section, because the amount in controversy does not exceed the statutory cap and the events giving rise to the dispute occurred in [COUNTY], State of New Jersey.
3. Except as expressly admitted herein, Defendant denies each and every allegation of the Complaint.

3. SPECIFIC RESPONSES TO COMPLAINT

[// GUIDANCE: Mirror the paragraph numbering of the Complaint. Use “Admit,” “Deny,” or “Lack knowledge or information sufficient to form a belief,” followed by any necessary clarification.]

1. Paragraph 1: [ADMIT / DENY / LACK KNOWLEDGE].
2. Paragraph 2: [ADMIT / DENY / LACK KNOWLEDGE].
3. Paragraph 3: [ADMIT / DENY / LACK KNOWLEDGE].
4. …continue as needed…

To the extent any allegation is not specifically admitted, it is hereby denied.

4. AFFIRMATIVE DEFENSES

[// GUIDANCE: Plead all defenses in good faith. Omit those that clearly do not apply.]

Subject to further investigation and discovery (if any), Defendant asserts the following affirmative defenses, without conceding the burden of proof on any issue not imposed by law:

1. Failure to State a Claim – The Complaint fails to state a claim upon which relief can be granted.
2. Lack of Personal Jurisdiction and/or Insufficient Service of Process.
3. Payment – The debt alleged has been paid in full.
4. Accord and Satisfaction.
5. Statute of Limitations.
6. Statute of Frauds.
7. Release and/or Waiver.
8. Estoppel and/or Laches.
9. Illegality/Unenforceable Contract.
10. Fraud.
11. Failure of Consideration.
12. Res Judicata and/or Collateral Estoppel.
13. Unclean Hands.
14. Any additional defense available under N.J. Ct. R. 4:5-4 and/or applicable law as may become apparent.

Defendant reserves the right to amend or supplement these defenses as permitted by the Court.

5. COUNTERCLAIM (Optional)

[// GUIDANCE: A Small Claims counterclaim must not exceed $3,000 ($5,000 for a security-deposit claim) and must be filed ≥ 5 days before the trial date. See N.J. Ct. R. 6:3-3(a).]

COUNT I – [BREACH OF CONTRACT / RETURN OF SECURITY DEPOSIT / ETC.]

1. Defendant/Counter-Claimant (“Counter-Claimant”) realleges the foregoing paragraphs as if fully set forth herein.
2. On or about [DATE], Counter-Defendant [PLAINTIFF NAME] [describe conduct giving rise to counterclaim].
3. As a direct and proximate result, Counter-Claimant suffered damages in the amount of $[AMOUNT], exclusive of court costs.

WHEREFORE, Counter-Claimant demands:
a. Judgment against Counter-Defendant in the sum of $[AMOUNT];
b. Court costs and such other relief as the Court deems just and proper.

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:
a. Dismiss the Complaint with prejudice;
b. Enter judgment in favor of Defendant on all claims and defenses;
c. Grant the relief demanded in the Counterclaim (if asserted); and
d. Award such other and further relief as the Court deems equitable and just.

7. CERTIFICATION OF TRUTHFULNESS

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are willfully false, I am subject to punishment.
(See N.J. Ct. R. 1:4-4(b)).

Date: __ Signature: ___
Name: [DEFENDANT NAME]
Address: [STREET, CITY, STATE, ZIP]
Telephone: [PHONE]
E-Mail: [EMAIL] (if consented to)

8. CERTIFICATION OF SERVICE

I certify that on [DATE] I served a copy of this Answer, Affirmative Defenses, and Counterclaim (if any) upon:

[PLAINTIFF / PLAINTIFF’S COUNSEL]
[ADDRESS]

by: ☐ Certified Mail, R.R.R. ☐ Hand Delivery ☐ Other: [DESCRIBE].

Date: __ Signature: ___

[// GUIDANCE:
1. File the original with the Clerk of the Special Civil Part in the county where the action is pending and pay any required counterclaim fee.
2. Serve Plaintiff/Plaintiff’s counsel in the same manner you file.
3. Bring all supporting documents (contracts, receipts, correspondence, photos, etc.) to the trial/return date.
4. If you need an interpreter or accommodation under the ADA, contact the court promptly.
5. Deadlines are jurisdictional; ensure this pleading reaches the Clerk ≥ 5 days before the return date when a counterclaim is asserted.
]