ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

(Pennsylvania Magisterial District Court – Small Claims)

[// GUIDANCE: This template is drafted for use in Pennsylvania Magisterial District Courts (“MDJ”) handling small-claims civil actions up to the jurisdictional limit of $12,000 exclusive of interest and costs. 42 Pa. Cons. Stat. § 1515(a)(3). Customize all bracketed placeholders, delete inapplicable sections, and verify compliance with local MDJ procedures before filing.]

TABLE OF CONTENTS

1. Document Header
2. Preliminary Statement & Jurisdiction
3. Responses to Numbered Allegations
4. Affirmative Defenses
5. Counterclaim (Optional)
6. Prayer for Relief
7. Verification
8. Certificate of Service

1. DOCUMENT HEADER

COMMONWEALTH OF PENNSYLVANIA
[COUNTY] MAGISTERIAL DISTRICT COURT
Civil Action – Small Claims

Docket No.: [DOCKET NUMBER]
Hearing Date (if scheduled): [HEARING DATE]

ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

2. PRELIMINARY STATEMENT & JURISDICTION

1. Defendant appears pursuant to Pa. MDJ small-claims procedure and timely files this Answer within fifteen (15) days of service of the Complaint.
2. This Court has subject-matter jurisdiction because the amount in controversy does not exceed $12,000, exclusive of interest and costs. 42 Pa. Cons. Stat. § 1515(a)(3).
3. Venue is proper in this Magisterial District because the cause of action arose in, and/or the parties reside or transact business within, this District.

[// GUIDANCE: If challenging jurisdiction or venue, raise that as an affirmative defense instead.]

3. RESPONSES TO NUMBERED ALLEGATIONS

[// GUIDANCE: Replicate each numbered paragraph from the Complaint verbatim, then provide a corresponding response. If the Complaint has more or fewer paragraphs, renumber accordingly.]

1. Paragraph 1: Defendant admits / denies / lacks knowledge or information sufficient to form a belief as to the truth of the allegations set forth in Paragraph 1.
2. Paragraph 2: Defendant admits / denies / lacks knowledge, and therefore denies same.
3. Paragraph 3: Defendant denies the allegations.
4. Paragraph 4: Defendant admits the allegations.
5. Paragraph 5: Defendant denies each and every remaining allegation not specifically admitted herein.

4. AFFIRMATIVE DEFENSES

Without assuming any burden of proof not otherwise imposed by law, Defendant asserts the following defenses. Defendant expressly reserves the right to amend or add defenses as discovery proceeds or as justice may require.

A. Failure to State a Claim – Plaintiff’s Complaint fails to state a claim upon which relief can be granted.
B. Payment / Set-Off – The debt alleged has been paid in full and/or is subject to a lawful set-off in the amount of $[AMOUNT].
C. Accord and Satisfaction – The parties reached a binding accord and satisfaction resolving the disputed claim.
D. Statute of Limitations – The action is barred by the applicable statute of limitations under Pennsylvania law.
E. Lack of Personal Jurisdiction / Improper Service – Service of process was defective and/or this Court lacks personal jurisdiction over Defendant.
F. Lack of Standing – Plaintiff lacks legal standing or ownership of the alleged claim.
G. Unjust Enrichment – Any recovery would result in Plaintiff’s unjust enrichment.
H. Failure of Consideration – No valid consideration supports Plaintiff’s claim.
I. Fraud / Misrepresentation – Plaintiff’s claims are barred, in whole or part, by its own fraud or misrepresentations.
J. Mitigation of Damages – Plaintiff failed to mitigate any alleged damages.
K. Exceeding Jurisdictional Limit – Plaintiff seeks damages beyond this Court’s statutory monetary limit.

[// GUIDANCE: Delete, edit, or reorder defenses to reflect case-specific facts; add any compulsory defenses such as arbitration, release, or waiver if applicable.]

5. COUNTERCLAIM (Optional — complete only if asserting)

[// GUIDANCE: A counterclaim in MDJ court must be filed at least five (5) days before the scheduled hearing. Verify timing with the Court’s docket.]

A. Parties
1. Counter-Claimant: [DEFENDANT NAME] (“Counter-Claimant”)
2. Counter-Defendant: [PLAINTIFF NAME] (“Counter-Defendant”)

B. Factual Allegations
1. On or about [DATE], Counter-Defendant [STATE FACTS GIVING RISE TO CLAIM].
2. As a direct result, Counter-Claimant incurred damages of $[AMOUNT], within the statutory limit.

C. Cause(s) of Action
1. Breach of Contract – Counter-Defendant breached an agreement by [BRIEF DESCRIPTION].
2. Unjust Enrichment – In the alternative, Counter-Defendant was unjustly enriched at Counter-Claimant’s expense.

D. Damages Sought
Counter-Claimant demands judgment against Counter-Defendant in the amount of $[AMOUNT], plus pre-judgment interest, court costs, and such other relief as the Court deems just.

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

1. Dismiss Plaintiff’s Complaint with prejudice;
2. Enter judgment in favor of Defendant on all claims;
3. Award Defendant costs of suit and such other relief as the Court deems equitable and just; and, if a Counterclaim is asserted:
4. Enter judgment in favor of Counter-Claimant and against Counter-Defendant in the amount set forth above, together with allowable interest and costs.

7. VERIFICATION

I, [DEFENDANT NAME], verify that the statements made in the foregoing Answer, Affirmative Defenses, and Counterclaim are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities.

Date: ___ _________
[DEFENDANT NAME], Pro Se (or “By Counsel”)

8. CERTIFICATE OF SERVICE

I certify that on _______ [DATE], I caused a true and correct copy of the foregoing Answer, Affirmative Defenses, and Counterclaim to be served upon:

[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]
via ☐ first-class mail ☐ hand delivery ☐ electronic filing system (if authorized).

[DEFENDANT / DEFENSE COUNSEL SIGNATURE]

[// GUIDANCE:
1. Deadline — File this Answer within 15 days of service to preserve defenses.
2. Filing Method — Submit the original to the MDJ office with proof of service; retain stamped copies.
3. Hearing — Attendance is mandatory unless the Court grants continuance. Bring all evidence (contracts, receipts, witnesses).
4. Settlement — Parties may settle at any time; file a praecipe to mark the case settled or request a consent judgment.
5. Appeal Rights — An aggrieved party may appeal a MDJ judgment to the Court of Common Pleas within 30 days. Timely raise all defenses now to preserve them on appeal.
]