SMALL CLAIMS ANSWER TEMPLATE

Rhode Island District Court – Small Claims Division

[// GUIDANCE: This template is designed for use in Rhode Island (“RI”) Small Claims matters. It follows the RI District Court Rules of Small Claims Procedure and includes placeholders and strategic drafting notes for quick customization by counsel.]

I. DOCUMENT HEADER

Caption

STATE OF RHODE ISLAND
DISTRICT COURT – [COUNTY] DIVISION
SMALL CLAIMS SECTION

[PLAINTIFF NAME], )
Plaintiff, )
) Case No. SC-[__]
v. )
) ANSWER, AFFIRMATIVE DEFENSES,
[DEFENDANT NAME], ) AND (IF APPLICABLE)
Defendant. ) COUNTERCLAIM
) (R.I. DISTRICT COURT –
) SMALL CLAIMS PROCEDURE)
Defendant’s Identifying Information

• Name: [DEFENDANT LEGAL NAME]
• Mailing Address: [ADDRESS]
• Telephone: [PHONE]
• E-mail (optional): [EMAIL]

Date of Filing: [MM/DD/YYYY]

II. DEFINITIONS

For purposes of this Answer:

1. “Complaint” means the Small Claims Notice of Suit or Statement of Claim filed by Plaintiff on [FILING DATE].
2. “Plaintiff” refers to [PLAINTIFF NAME].
3. “Defendant” refers to [DEFENDANT NAME].
4. “Court” means the Rhode Island District Court, Small Claims Section, in the county identified in the caption.

[// GUIDANCE: Keep definitions lean; add only if needed for clarity.]

III. OPERATIVE RESPONSES TO THE COMPLAINT

1. Defendant admits the allegations contained in Paragraph(s) [__] of the Complaint.
2. Defendant denies the allegations contained in Paragraph(s) [__] of the Complaint.
3. Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations in Paragraph(s) [__] and therefore denies those allegations.

[// GUIDANCE: Replace bracketed paragraph numbers with the specific numbers used in Plaintiff’s Complaint. If the Complaint is un-numbered, cite the allegations by subject matter.]

IV. AFFIRMATIVE DEFENSES

Without conceding any burden of proof, Defendant asserts the following affirmative defenses. Each defense is pled in the alternative, and none shall be deemed a concession that Defendant bears the burden of persuasion where the law places that burden on Plaintiff.

1. Failure to State a Claim – The Complaint fails to state a claim upon which relief can be granted.
2. Payment / Accord & Satisfaction – Plaintiff has been paid in full, or an accord and satisfaction has been reached, discharging any alleged obligation.
3. Statute of Limitations – The action is barred, in whole or in part, by the applicable limitations period.
4. Lack of Standing – Plaintiff lacks legal standing to assert the claims alleged.
5. Defective Service of Process – Service of the Notice of Suit was defective and does not confer personal jurisdiction over Defendant.
6. Set-off / Recoupment – Any liability is subject to set-off or recoupment arising out of the same transaction(s).
7. Unjust Enrichment – Granting the relief requested would unjustly enrich Plaintiff.
8. Reservation – Defendant reserves the right to amend or supplement these defenses as discovery and investigation continue.

[// GUIDANCE: Delete or add defenses to fit case facts. Rhode Island requires affirmative defenses to be stated in the Answer. Omitted defenses may be waived.]

V. COUNTERCLAIM (Optional)

[Only complete if Defendant has a counterclaim; otherwise delete this section.]

1. Counterclaim Parties
   a. Counter-Claimant: [DEFENDANT NAME].
   b. Counter-Defendant: [PLAINTIFF NAME].

2. Jurisdiction & Amount in Controversy
   a. This Counterclaim is filed pursuant to RI Small Claims Rules.
   b. The amount sought is $[__], which does not exceed the $5,000 jurisdictional maximum.

3. Factual Allegations
   a. On or about [DATE], Plaintiff [describe wrongful conduct].
   b. As a direct and proximate result, Defendant incurred damages of $[AMOUNT].

4. Cause(s) of Action
   a. [e.g., Breach of Contract]
   b. [e.g., Unjust Enrichment]

5. Counterclaim Prayer for Relief
   Counter-Claimant requests:
   • Judgment against Counter-Defendant in the amount of $[__] plus costs and allowable interest; and
   • Such other and further relief as the Court deems just and proper.

[// GUIDANCE: Under RI Small Claims Rules, a Counterclaim must be filed with the Answer and is limited to the same $5,000 cap.]

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss the Complaint with prejudice;
B. Enter judgment in favor of Defendant on all claims;
C. Award Defendant costs as permitted by law;
D. (If Counterclaim asserted) Enter judgment on the Counterclaim as set forth above; and
E. Grant such further relief as the Court deems just and proper.

VII. VERIFICATION

I, [DEFENDANT NAME], being duly sworn, depose and state that I have read the foregoing Answer (and Counterclaim, if any); that the facts stated therein are true and correct to the best of my knowledge, information, and belief; and that this verification is made under penalty of perjury.

_____ Date: ___
[DEFENDANT NAME]
[// GUIDANCE: Some RI small claims judges require or prefer a verification. Check local practice in the filing county.]

VIII. CERTIFICATE OF SERVICE

I certify that on the _ day of _, 20__, I mailed and/or electronically served a true and correct copy of this Answer (and Counterclaim, if any) to:

[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]
[PLAINTIFF EMAIL (if known)]

[DEFENDANT OR COUNSEL SIGNATURE]
Name: ______
Title / Bar No.: ____
[// GUIDANCE: Small claims service may be by first-class mail; confirm with clerk if additional methods are required.]

IX. PRACTICE CHECKLIST

[// GUIDANCE: Before filing, confirm each of the following.]

1. Filing deadline (20 days from service of Notice of Suit) has not expired.
2. All affirmative defenses intended to be preserved are pled.
3. Counterclaim amount does not exceed $5,000 jurisdictional limit.
4. Caption matches exactly the Court’s docket, including case number.
5. Certificate of Service complies with Rule 4 of RI Small Claims Rules.
6. Filing fee for Counterclaim (if any) is included (check current schedule).
7. Copies for Clerk and Plaintiff prepared per local rule.

Attorney Signature Block (if represented)

Respectfully submitted,

[ATTORNEY NAME], Esq. (#RI BAR ______)
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

Counsel for Defendant

[// GUIDANCE: Remove attorney block if Defendant is self-represented. Self-represented litigants must still sign all pleadings.]

End of Template