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

Small Claims Department – State of Oregon

[COURT CAPTION]

IN THE SMALL CLAIMS DEPARTMENT OF THE [_______] COURT
FOR THE STATE OF OREGON

[Plaintiff Name], )
Plaintiff, ) Case No. [__]
)
v. ) DEFENDANT’S ANSWER,
) AFFIRMATIVE DEFENSES, AND
[Defendant Name], ) [COUNTERCLAIM]
Defendant. )
______ )

TABLE OF CONTENTS

1. Document Header & Jurisdiction Statement
2. Definitions
3. Operative Provisions
   3.1 Answer to Allegations
   3.2 Affirmative Defenses
   3.3 Counterclaim (if asserted)
4. Prayer for Relief
5. Verification
6. Certificate of Service

[// GUIDANCE: Delete the Table of Contents before filing if the court’s local rules prohibit TOCs in pleadings.]

1. DOCUMENT HEADER & JURISDICTION STATEMENT

1.1 Effective Date. This Answer is timely filed within the statutory response period (currently 14 calendar days from the date of service) as required under Oregon small-claims procedure.

1.2 Jurisdiction. Defendant appears in the Small Claims Department of the above-captioned court and submits to its limited jurisdiction, subject to all defenses, objections, and motions that may be made.

2. DEFINITIONS

For ease of reference in this pleading only, the following terms have the meanings assigned below:

“Claim” means the allegations set forth in Plaintiff’s Small Claim dated [DATE OF CLAIM].

“Defendant” means [DEFENDANT NAME], including any authorized agents or representatives appearing herein.

“Plaintiff” means [PLAINTIFF NAME], including any successors in interest.

[// GUIDANCE: Add or remove defined terms as needed. Maintain consistency throughout the document.]

3. OPERATIVE PROVISIONS

3.1 Answer to Allegations

Defendant responds to the numbered paragraphs in Plaintiff’s Claim as follows. If Plaintiff’s Claim is unnumbered, Defendant answers sequentially.

[// GUIDANCE: Replace each “Admit / Deny …” with a precise admission, denial, or qualified response consistent with ORCP 19 B.]

3.2 Affirmative Defenses

Without conceding any burden of proof, Defendant asserts the following affirmative defenses, each pled in the alternative and to the extent applicable:

1. Failure to State a Claim.
2. Lack of Standing.
3. Payment and/or Accord and Satisfaction.
4. Statute of Limitations.
5. Estoppel and Waiver.
6. Set-Off/Recoupment.
7. Unjust Enrichment.
8. Mistake (Mutual or Unilateral).
9. Fraud or Misrepresentation.
10. Breach by Plaintiff of Applicable Agreement.
11. Laches.
12. Unclean Hands.
13. Any additional defenses that may arise through discovery or investigation.

Defendant reserves the right to amend or supplement these defenses as justice requires.

[// GUIDANCE: Strike defenses that do not fit the facts; add any state-specific statutory defenses if appropriate.]

3.3 Counterclaim (Optional)

Pursuant to Oregon small-claims rules permitting counterclaims up to the jurisdictional monetary limit (currently $10,000), Defendant asserts the following Counterclaim against Plaintiff:

A. Nature of Counterclaim. [BRIEF DESCRIPTION]
B. Amount in Controversy. $[AMOUNT] exclusive of allowable costs.
C. Factual Basis.
1. On or about [DATE], Plaintiff [DESCRIBE ACTION/OMISSION].
2. As a result, Defendant incurred damages of $[AMOUNT].
D. Legal Basis. [E.g., breach of contract, conversion, negligence.]
E. Relief Requested. See Prayer for Relief, infra.

[// GUIDANCE: If no counterclaim is asserted, delete Section 3.3 and adjust section numbering.]

4. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

1. Dismiss Plaintiff’s Claim with prejudice, or otherwise enter judgment in favor of Defendant;
2. Enter judgment for Defendant on the Counterclaim, if any, in the amount of $[AMOUNT] together with allowable court costs, interest, and such other relief as the Court deems just and equitable;
3. Award Defendant recoverable costs and disbursements as permitted by law; and
4. Grant any further relief the Court finds proper.

5. VERIFICATION

I, [DEFENDANT NAME], declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct to the best of my knowledge, information, and belief.

Dated: ___ _______
[DEFENDANT NAME]

[// GUIDANCE: Many Oregon small-claims courts require a declaration rather than a notarized verification; confirm local rule.]

6. CERTIFICATE OF SERVICE

I certify that on ___, 20____, I served a true and complete copy of this Answer, Affirmative Defenses, and [Counterclaim] on the following party(ies) by the method(s) indicated below:

• ☐ First-Class Mail, postage prepaid
• ☐ Hand Delivery
• ☐ E-mail (if consented in writing)
• ☐ Other: ______

Name & Address of Plaintiff / Plaintiff’s Attorney:

[DEFENDANT NAME]

[// GUIDANCE: Replace service methods to comply with ORCP 9 or local small-claims rule. Many courts accept only mail or personal service.]

END OF DOCUMENT

[// GUIDANCE SUMMARY]
1. Deadline: File within 14 days of service (confirm with local clerk).
2. Filing Fee: Some Oregon courts charge a modest fee for a written appearance—verify before filing.
3. Counterclaims: Must be within small-claims monetary limit and arise out of the same transaction or occurrence to ensure efficiency.
4. Attach Evidence: If local rules permit, attach copies of contracts, receipts, or other supporting documents behind a pleading divider.
5. Keep Copies: Maintain at least one stamped copy for your records.