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

State of New Mexico • [COUNTY] County • [MAGISTRATE / METROPOLITAN] Small Claims Division

I. DOCUMENT HEADER

1. Caption

[IN THE MAGISTRATE / METROPOLITAN COURT
COUNTY OF __________, STATE OF NEW MEXICO]

[PLAINTIFF NAME],
Plaintiff,
v. Case No. [___]
[DEFENDANT NAME],
Defendant.

2. Effective Date & Jurisdiction
   This Answer is timely filed on [DATE] pursuant to the applicable New Mexico Rules of Civil Procedure for Small Claims [// GUIDANCE: confirm whether Magistrate (Rule 2-703 NMRA – 20-day deadline) or Metropolitan (Rule 3-402 NMRA – 10-day deadline) applies].

3. Parties
   a. “Plaintiff” means the party named above who filed the Small Claims Complaint dated [DATE OF COMPLAINT].
   b. “Defendant” means [DEFENDANT NAME], the responding party to the Complaint.

II. DEFINITIONS

The following capitalized terms are used for drafting clarity only and do not expand or limit the scope of any pleading:

• “Complaint” – the Small Claims Complaint served on Defendant on [DATE OF SERVICE].
• “Court” – the New Mexico [Magistrate / Metropolitan] Court identified in the caption.
• “Answer Deadline” – the statutory period within which Defendant must file this Answer (see § II.3 above).

III. OPERATIVE PROVISIONS – ANSWER TO COMPLAINT

1. General Statement
   Except as expressly admitted herein, Defendant denies each and every allegation, claim, and prayer for relief contained in the Complaint.

2. Specific Responses
   [// GUIDANCE: Mirror the Complaint’s numbered paragraphs word-for-word. For each paragraph insert “Admitted,” “Denied,” “Defendant lacks sufficient knowledge and therefore denies,” or a qualified admission.]
   Example:
   • Paragraph 1: Admitted that Defendant resides in this county; all remaining allegations are denied.
   • Paragraph 2: Denied.
   • Paragraph 3: Defendant lacks sufficient information to admit or deny and therefore denies.

3. Prayer in Answer
   Defendant requests that the Complaint be dismissed with prejudice, that Plaintiff take nothing, and that judgment be entered in favor of Defendant together with costs and such other relief as the Court deems just.

IV. AFFIRMATIVE DEFENSES

Without conceding the burden of proof, Defendant asserts the following defenses under Rule 1-008(C) NMRA as applicable to small-claims practice:

1. Failure to State a Claim.
2. Lack of Subject-Matter Jurisdiction (amount exceeds small-claims limit or relief sought is not cognizable).
3. Lack of Personal Jurisdiction / Insufficient Service of Process.
4. Statute of Limitations.
5. Payment and/or Accord and Satisfaction.
6. Set-Off / Recoupment.
7. Waiver, Estoppel, and/or Laches.
8. Unjust Enrichment.
9. Failure of Consideration.
10. Any additional defenses revealed through discovery or investigation; Defendant reserves the right to amend accordingly.

[// GUIDANCE: Delete defenses that clearly do not apply; add state-specific defenses such as § 55-3-118 UCC statute of limitations if the claim involves a negotiable instrument.]

V. COUNTERCLAIM (OPTIONAL)

1. Jurisdiction & Amount in Controversy
   This Counterclaim is compulsory/permissive under Rule [2-304 / 3-303] NMRA, arises out of the same transaction or occurrence, and does not exceed the New Mexico small-claims monetary cap of $10,000.00.

2. Counterclaim Allegations
   a. Parties are as stated above.
   b. On or about [DATE], Plaintiff owed Defendant $[AMOUNT] for [GOODS / SERVICES / LOAN] and has failed to pay despite demand.

3. Damages Sought
   Defendant demands judgment against Plaintiff in the amount of $[___] plus lawful interest, costs, and any other relief the Court deems appropriate.

[// GUIDANCE: Insert any supporting exhibits behind the pleading and reference them (e.g., “Exhibit A – Invoice”).]

VI. REPRESENTATIONS & WARRANTIES

Defendant represents that the factual statements herein are true to the best of Defendant’s knowledge, information, and belief, formed after reasonable inquiry. No additional warranties are made or implied.

VII. RISK ALLOCATION / LIMITATIONS

Because this is a small-claims matter:
• No indemnification or liability-cap provisions apply beyond the statutory small-claims limit.
• Injunctive relief is not available.
• Jury trial is waived by statute for small-claims proceedings.

VIII. DISPUTE RESOLUTION

1. Governing Law: State of New Mexico substantive and procedural law.
2. Forum: Exclusive jurisdiction lies in this Small Claims Division.
3. Arbitration: Not applicable.

IX. GENERAL PROVISIONS

1. Amendment: Defendant reserves the right to amend this Answer and assert additional defenses or counterclaims as justice and the Rules permit.
2. Severability: If any portion of this pleading is stricken, the remainder shall remain effective.
3. Integration: This document, together with any permitted amendments, constitutes the entirety of Defendant’s responsive pleading.

X. EXECUTION BLOCK

Respectfully submitted this ___ day of __________, 20__.

____________________________________
[DEFENDANT NAME]
[Street Address]
[City, State ZIP]
[Telephone] | [Email]
Pro Se / Attorney for Defendant
Circle one

VERIFICATION (if required by local rule or desired for credibility)

I, [DEFENDANT NAME], verify under penalty of perjury under the laws of the State of New Mexico that I have read the foregoing Answer, that the factual statements are true and correct to the best of my knowledge, and that I executed this Verification on [DATE] in [COUNTY], New Mexico.

____________________________________
[DEFENDANT NAME]

CERTIFICATE OF SERVICE

I certify that on [DATE] I caused a true and correct copy of this Answer (and Counterclaim, if any) to be served upon Plaintiff at:

[PLAINTIFF NAME]
[Plaintiff’s Address]
[Method: U.S. Mail / Hand Delivery / E-Mail (if consented)]

____________________________________
[DEFENDANT OR ATTORNEY SIGNATURE]

[// GUIDANCE FOR PRACTITIONERS]
1. Filing: File the original with the court clerk and provide the required number of copies for the judge and opposing party.
2. Deadlines: Confirm the precise Answer deadline with the clerk (generally 10 days in Metropolitan Court and 20 days in Magistrate Court).
3. Counterclaims: If the Counterclaim exceeds $10,000 or requests equitable relief, move to transfer to District Court.
4. Exhibits: Attach any contracts, receipts, or communications supporting admissions, defenses, or counterclaims.
5. Amendments: Use NMRA Form 4-208 for amended pleadings if required.

End of Template