SMALL CLAIMS ANSWER TEMPLATE

State of Nevada – Justice Court, Small Claims Division
Professionally-Drafted Pleading for Immediate Attorney Customization

[// GUIDANCE: This template is designed for use in any Nevada Justice Court Small Claims Division. Adapt county-specific caption requirements (court name, address, case number) and confirm local procedures/filing fees before use.]

TABLE OF CONTENTS

1. Document Header (Caption, Party Identification, Recitals)
2. Definitions
3. Responsive Pleading – Admissions & Denials
4. Affirmative Defenses
5. Counterclaim (Optional)
6. Prayer for Relief
7. Verification
8. Certificate of Service
9. Execution Block

1. DOCUMENT HEADER

text
[COURT NAME], STATE OF NEVADA
JUSTICE COURT, SMALL CLAIMS DIVISION
COUNTY OF [COUNTY]

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

ANSWER AND, IF APPLICABLE, COUNTERCLAIM
TO PLAINTIFF’S SMALL CLAIMS COMPLAINT/CLAIM
A. Recitals
1. Defendant [DEFENDANT NAME] (“Defendant”) was served with Plaintiff’s small claims complaint dated [DATE OF SERVICE] relating to an alleged debt/obligation in the amount of $[CLAIMED AMOUNT].
2. This Answer is timely filed pursuant to the requirements stated in the Summons and applicable Nevada small-claims rules.

[// GUIDANCE: Nevada’s statewide small-claims statute does not mandate a pre-hearing Answer; however, many Justices’ Courts permit or encourage a written response. Verify the exact deadline in the Summons or local rules—commonly 10–20 calendar days after service or a specified number of days prior to the hearing.]

2. DEFINITIONS

For purposes of this Answer:
a. “Complaint” means Plaintiff’s Small Claims Affidavit/Statement of Claim filed on [FILING DATE].
b. “Hearing Date” means the first scheduled small claims hearing currently set for [HEARING DATE].
c. “Small Claims Limit” means the maximum jurisdictional amount for Nevada small-claims actions (presently $10,000, exclusive of allowable costs).

3. RESPONSIVE PLEADING – ADMISSIONS & DENIALS

1. Unless expressly admitted herein, Defendant denies each and every allegation contained in the Complaint.
2. Paragraph-by-Paragraph Response:

a. Paragraph 1: [ADMIT / DENY / LACK SUFFICIENT INFORMATION]
b. Paragraph 2: [ADMIT / DENY / LACK SUFFICIENT INFORMATION]
c. Paragraph 3: … (continue as necessary)

[// GUIDANCE: Track the numbering of Plaintiff’s Complaint exactly. If the Complaint is unnumbered, use logical groupings.]

4. AFFIRMATIVE DEFENSES

Without conceding any burden of proof, and reserving all rights to amend, Defendant asserts the following defenses:

1. Failure to State a Claim – Plaintiff’s allegations, even if true, do not entitle Plaintiff to relief under Nevada law.
2. Lack of Standing – Plaintiff lacks legal capacity/ownership of the alleged claim.
3. Statute of Limitations – The claim is time-barred.
4. Payment and/or Accord & Satisfaction – The obligation has been fully satisfied, released, or compromised.
5. Set-Off/Recoupment – Any liability is offset by amounts Plaintiff owes Defendant.
6. Unjust Enrichment – Plaintiff seeks recovery that would unjustly enrich Plaintiff.
7. Lack of Personal Jurisdiction or Improper Service – (Specify factual basis, if applicable.)
8. Failure of Consideration / Breach by Plaintiff – Plaintiff materially breached the underlying agreement first.
9. Misrepresentation / Fraud – The claim arises from Plaintiff’s misrepresentation.
10. Any and all other defenses revealed through discovery or investigation.

[// GUIDANCE: Plead all plausible defenses now; amendments in small claims are discretionary and may be disallowed close to hearing.]

5. COUNTERCLAIM (Optional)

[DEFENDANT NAME], for Counterclaim against [PLAINTIFF NAME], alleges:

1. Jurisdiction & Amount in Controversy
   a. This Counterclaim is within the Small Claims Limit.
2. Factual Basis
   a. On or about [DATE], Plaintiff [describe conduct] causing Defendant damages of $[AMOUNT].
3. Legal Theory
   a. Plaintiff’s conduct constitutes [breach of contract / negligence / conversion / etc.].
4. Damages Sought
   a. Compensatory damages: $[___].
   b. Costs allowable by law.

WHEREFORE, Defendant requests judgment against Plaintiff on the Counterclaim in the amount stated above, together with costs and such other relief as the Court deems just.

[// GUIDANCE: Nevada small-claims rules typically require written counterclaims to be filed before the initial hearing; confirm the local deadline (often 5–10 judicial days pre-hearing). Serve the counterclaim on Plaintiff via the same method prescribed for the Answer.]

6. PRAYER FOR RELIEF

Defendant respectfully requests that the Court:
a. Dismiss Plaintiff’s Complaint with prejudice;
b. Enter judgment for Defendant on all affirmative defenses;
c. Enter judgment on Defendant’s Counterclaim (if asserted);
d. Award Defendant allowable costs and such other relief as equity and justice require.

7. VERIFICATION

I, [DEFENDANT NAME], declare under penalty of perjury under the laws of the State of Nevada that I have read the foregoing Answer and know the contents thereof; the same is true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

Date: _____________ _______________________________
[DEFENDANT NAME]

8. CERTIFICATE OF SERVICE

I certify that on _____________, I served a true and correct copy of this Answer [and Counterclaim] upon Plaintiff by:

☐ Personal delivery
☐ First-class U.S. mail, postage prepaid, to: [PLAINTIFF ADDRESS]
☐ Certified mail, return receipt requested
☐ Electronic service as permitted by local rule

_______________________________
[NAME], Declarant

9. EXECUTION BLOCK

Respectfully submitted this ___ day of __________, 20__.

_______________________________________
[DEFENDANT NAME]
Address: [___]
Phone: ☐
Email: ☐

[// GUIDANCE: Signature by attorney (if any) should include Nevada Bar No. and firm contact details. Notarization is not required for small-claims pleadings unless local rule directs otherwise.]

END OF TEMPLATE

[// GUIDANCE:
1. Confirm current small-claims monetary limit (presently $10,000).
2. Verify county-specific filing fees, service requirements, and pre-hearing settlement conferences.
3. Retain proof of service (mail receipt, affidavit, etc.).
4. Bring all supporting documents (contracts, invoices, photographs, etc.) to the hearing.
5. Amendments: Many Justice Courts require leave of court to amend after the initial filing—plan ahead.]