SMALL CLAIMS ANSWER TEMPLATE

(State of Ohio – Small Claims Division)

[// GUIDANCE: This litigation-oriented template is drafted for use in any Ohio Small Claims Division established under Ohio Rev. Code Ann. ch. 1925. Customize bracketed fields, add or delete paragraphs to align with the numbered allegations of the Complaint, and review all statutory references for current accuracy prior to filing.]

I. DOCUMENT HEADER

text
IN THE [_] COURT OF COMMON PLEAS
[_] COUNTY, OHIO
SMALL CLAIMS DIVISION

[PLAINTIFF NAME], : Case No. [_]
Plaintiff, :
: Judge [_]
v. :
:
[DEFENDANT NAME], :
Defendant. :

TITLE

ANSWER, AFFIRMATIVE DEFENSES, AND (IF APPLICABLE) COUNTERCLAIM

II. INTRODUCTORY RECITALS

1. Defendant, [DEFENDANT NAME] (“Defendant”), for its Answer to the Small Claims Complaint (“Complaint”) filed by [PLAINTIFF NAME] (“Plaintiff”) states as follows:

[// GUIDANCE: Ohio small-claims practice does not require a formal Answer (see Ohio Rev. Code Ann. § 1925.04), but filing one preserves defenses on the record and may expedite resolution. File as early as practicable and serve Plaintiff pursuant to Civ.R. 5.]

III. ANSWER TO COMPLAINT

[// GUIDANCE: Track the exact numbering used in the Complaint. Admit, deny, or state “Defendant lacks knowledge or information sufficient to form a belief” for each paragraph.]

1. Paragraph 1 of the Complaint is ADMITTED/DENIED/[Insufficient knowledge].
2. Paragraph 2 of the Complaint is ADMITTED/DENIED/[Insufficient knowledge].
3. Paragraph 3 of the Complaint is ADMITTED/DENIED/[Insufficient knowledge].
4. Except as expressly admitted herein, all remaining allegations are DENIED.

IV. AFFIRMATIVE DEFENSES

Subject to further investigation and discovery, Defendant asserts the following defenses pursuant to Ohio Civ.R. 8(C), Civ.R. 12(B), and applicable law, each stated independently and without waiver of others that may become known:

A. Failure to State a Claim: The Complaint fails to state a claim upon which relief can be granted.
B. Lack of Standing: Plaintiff lacks legal capacity or standing to sue.
C. Payment and Satisfaction: Any obligation has been fully paid, satisfied, or otherwise discharged.
D. Statute of Limitations: Plaintiff’s claims are barred by the applicable statute(s) of limitations.
E. Accord and Satisfaction.
F. Estoppel and Waiver.
G. Unclean Hands.
H. Set-Off and Recoupment.
I. Reservation of Additional Defenses: Defendant reserves the right to amend or supplement these defenses as permitted by Civ.R. 15.

[// GUIDANCE: Delete defenses that clearly do not apply, and add fact-specific defenses such as arbitration agreement, discharge in bankruptcy, etc.]

V. COUNTERCLAIM (Optional)

[// GUIDANCE: Under Ohio Rev. Code Ann. § 1925.05, a counterclaim must not exceed the statutory monetary jurisdiction ($6,000 exclusive of interest and costs) and must be filed at or before the time set for trial.]

1. Defendant (“Counter-claimant”) incorporates the foregoing responses and defenses as if fully rewritten herein.
2. [Statement of jurisdiction and factual basis of counterclaim].
3. [Damages or relief sought, not to exceed $6,000 plus allowable interest and costs].

WHEREFORE, Counter-claimant demands judgment against Plaintiff in the amount of $[_____] together with interest at the statutory rate from [DATE], court costs, and any further relief deemed just and equitable.

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss Plaintiff’s Complaint with prejudice;
B. Enter judgment in favor of Defendant on all claims;
C. Tax all costs of this action to Plaintiff; and
D. Grant such other and further relief as the Court deems just and proper.

VII. VERIFICATION (IF REQUIRED BY LOCAL RULE)

text
I, [DEFENDANT NAME], declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.
_____ Date: _____
[DEFENDANT NAME], Defendant
[// GUIDANCE: Some Ohio counties require or encourage verification of pleadings in Small Claims. Check local rules.]

VIII. CERTIFICATE OF SERVICE

I certify that a copy of the foregoing Answer, Affirmative Defenses, and (if applicable) Counterclaim was served upon:

Plaintiff: [PLAINTIFF NAME]
Address: [PLAINTIFF ADDRESS]
Method: ☐ U.S. Mail ☐ Hand Delivery ☐ E-Mail (per Civ.R. 5(B))

on this ___ day of ____, 20__, in accordance with Ohio Civ.R. 5.

[DEFENDANT OR COUNSEL NAME]
[Supreme Court Reg. No. _____, if attorney]
[Address]
[Phone] | [Email]

QUICK-REFERENCE CHECKLIST (Do Not File)

[// GUIDANCE: Remove this page before filing.]

• Deadline to respond: Check hearing date on summons—file/serve at least several business days before to ensure consideration on the record.
• Monetary limit: $6,000 exclusive of interest/costs (R.C. § 1925.02).
• Counterclaim timing: File at or before trial (R.C. § 1925.05).
• Jury trial: Not available in Small Claims Division (R.C. § 1925.01).
• Appeal rights: Final judgment may be appealed to appellate division pursuant to R.C. ch. 2505.

[END OF TEMPLATE]