Small Claims Answer, Affirmative Defenses, and Counterclaim

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

South Dakota requires the use of official court form UJS-278 (Defendant's Denial) for small claims
answers. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official form
is available at https://ujs.sd.gov/self-help/pro-se-forms/small-claims-forms/.
Do not file this document directly with the court.

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

South Dakota Small Claims Court (Magistrate Court)

IMPORTANT INFORMATION FOR DEFENDANTS

If you have been served with a Small Claims Statement of Claim (complaint), you have the right to respond. In South Dakota, a small claims case is formally called a "minor civil" action and is heard in Magistrate Court.

Key Facts About South Dakota Small Claims Court

• Monetary Limit: $12,000 or less (exclusive of costs, interest, and attorney fees) per SDCL 16-12C-13
• Answer Deadline: You must file your Denial (Answer) with the clerk and serve a copy on the Plaintiff within the time stated on the summons — typically within 30 calendar days of service of the Statement of Claim. Confirm the exact deadline on the face of your summons.
• Counterclaim Deadline: If you have a counterclaim, it must be filed within the same period as your Denial under SDCL 15-39-66.
• Failure to Respond: If you do not file a timely Denial, the Plaintiff may obtain a default judgment against you under SDCL 15-39-57.
• Attorneys: Attorneys are permitted in South Dakota small claims court, but many parties represent themselves.

Pre-Filing Checklist

☐ Read the Statement of Claim carefully and note every allegation

☐ Determine your deadline to file (check the summons)

☐ Gather all documents, receipts, photographs, contracts, and correspondence related to the claim

☐ Decide whether you have a counterclaim against the Plaintiff

☐ If your counterclaim exceeds $12,000, consider filing in Circuit Court instead (SDCL 15-39-66)

☐ Contact the Clerk of Courts for the current filing fee

☐ Make copies of your completed Answer for the Court and for service on the Plaintiff

SECTION 1: CASE CAPTION

STATE OF SOUTH DAKOTA

COUNTY OF [________________________________]

IN MAGISTRATE COURT

[________________________________] JUDICIAL DISTRICT

[________________________________],

Plaintiff,

v.

Case No.: [________________________________]

[________________________________],

Defendant.

DEFENDANT'S DENIAL, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

(Small Claims / Minor Civil Action — SDCL Chapter 15-39)

SECTION 2: DEFENDANT INFORMATION

SECTION 3: PRELIMINARY STATEMENT

3.1 Defendant [________________________________] ("Defendant") hereby responds to the Statement of Claim filed by Plaintiff [________________________________] ("Plaintiff") in the above-captioned action.

3.2 Except as expressly admitted herein, Defendant denies each and every allegation of the Statement of Claim, including all implied allegations and all requests for relief.

3.3 Any allegation not specifically addressed below is denied.

SECTION 4: PARAGRAPH-BY-PARAGRAPH RESPONSES TO CLAIMS

(For each numbered paragraph or allegation in the Plaintiff's Statement of Claim, provide one of the following responses: ADMITTED, DENIED, or INSUFFICIENT KNOWLEDGE TO ADMIT OR DENY (and therefore denied). Add or remove rows as needed.)

Response to Paragraph 1:

Plaintiff's Allegation: [________________________________]

Defendant's Response: ☐ Admitted ☐ Denied ☐ Insufficient knowledge to admit or deny, and therefore denied

If denied, state the reason: [________________________________]

Response to Paragraph 2:

Plaintiff's Allegation: [________________________________]

Defendant's Response: ☐ Admitted ☐ Denied ☐ Insufficient knowledge to admit or deny, and therefore denied

If denied, state the reason: [________________________________]

Response to Paragraph 3:

Plaintiff's Allegation: [________________________________]

Defendant's Response: ☐ Admitted ☐ Denied ☐ Insufficient knowledge to admit or deny, and therefore denied

If denied, state the reason: [________________________________]

Response to Paragraph 4:

Plaintiff's Allegation: [________________________________]

Defendant's Response: ☐ Admitted ☐ Denied ☐ Insufficient knowledge to admit or deny, and therefore denied

If denied, state the reason: [________________________________]

Response to Paragraph 5:

Plaintiff's Allegation: [________________________________]

Defendant's Response: ☐ Admitted ☐ Denied ☐ Insufficient knowledge to admit or deny, and therefore denied

If denied, state the reason: [________________________________]

(Add additional response blocks as needed for each paragraph of the Statement of Claim)

SECTION 5: DEFENDANT'S VERSION OF FACTS

Defendant states the following facts in support of the Denial:

5.1 [________________________________]

5.2 [________________________________]

5.3 [________________________________]

5.4 [________________________________]

5.5 [________________________________]

(Add additional numbered paragraphs as needed to describe all relevant facts from Defendant's perspective)

SECTION 6: AFFIRMATIVE DEFENSES

Without conceding the burden of proof on any issue, and expressly reserving the right to amend these defenses upon discovery of additional facts, Defendant asserts the following affirmative defenses to the extent they may apply:

(Select all that apply)

☐ Defense A: Failure to State a Claim

The Statement of Claim fails to state a claim upon which relief can be granted. Specifically: [________________________________]

☐ Defense B: Lack of Subject-Matter Jurisdiction

The amount in controversy exceeds $12,000, and therefore this Court lacks small claims jurisdiction under SDCL 16-12C-13.

☐ Defense C: Improper Venue

Venue is improper in this county because: [________________________________]

☐ Defense D: Improper Service of Process

Plaintiff failed to serve the Statement of Claim and Summons in compliance with South Dakota procedural rules. Specifically: [________________________________]

☐ Defense E: Statute of Limitations

Plaintiff's claims are barred, in whole or in part, by the applicable statute of limitations. The relevant limitation period under South Dakota law is:

☐ 6 years for written contracts (SDCL 15-2-13)

☐ 6 years for oral contracts (SDCL 15-2-13)

☐ 6 years for injury to property (SDCL 15-2-13)

☐ 3 years for personal injury (SDCL 15-2-14)

☐ 3 years for fraud (SDCL 15-2-13)

☐ Other: [________________________________]

The cause of action accrued on or about [__/__/____], and this action was not filed until [__/__/____], which exceeds the applicable limitation period.

☐ Defense F: Payment and Satisfaction

The alleged debt or obligation has been paid in full or otherwise satisfied. Specifically: [________________________________]

☐ Defense G: Accord and Satisfaction

The parties entered into a valid accord and satisfaction resolving the alleged obligation on or about [__/__/____]. The terms of the accord were: [________________________________]

☐ Defense H: Setoff and Recoupment

Any liability of Defendant is offset by amounts owed by Plaintiff to Defendant. The amount of the setoff is $[________________________________] for: [________________________________]

☐ Defense I: Failure to Mitigate Damages

Plaintiff failed to take reasonable steps to mitigate the alleged damages. Specifically: [________________________________]

☐ Defense J: Waiver

Plaintiff waived the right to assert the claims alleged by conduct including: [________________________________]

☐ Defense K: Estoppel

Plaintiff is estopped from asserting the claims alleged because: [________________________________]

☐ Defense L: Release

Plaintiff released Defendant from the alleged claims by a release agreement dated [__/__/____].

☐ Defense M: Contributory / Comparative Negligence

Plaintiff's own negligence contributed to the alleged damages. Under South Dakota's comparative negligence statute (SDCL 20-9-2), Plaintiff's recovery should be reduced in proportion to Plaintiff's fault, and if Plaintiff's negligence is greater than Defendant's, Plaintiff's recovery should be barred entirely.

☐ Defense N: Unclean Hands

Plaintiff's inequitable conduct bars the relief requested. Specifically: [________________________________]

☐ Defense O: Other

[________________________________]

SECTION 7: COUNTERCLAIM (OPTIONAL)

☐ Check here if Defendant IS asserting a counterclaim. (If not asserting a counterclaim, skip to Section 8.)

IMPORTANT: Under SDCL 15-39-66, a counterclaim must be filed within the same time period as the Denial. The counterclaim must not exceed $12,000 (the small claims jurisdictional limit). If your counterclaim exceeds $12,000, you may file it in Circuit Court instead.

7.1 Jurisdiction and Venue

Defendant's counterclaim falls within the monetary jurisdiction of this Small Claims Court. The amount sought on the counterclaim is $[________________________________], which does not exceed $12,000.

7.2 Type of Counterclaim

☐ Breach of Written Contract

☐ Breach of Oral Agreement

☐ Property Damage

☐ Unpaid Goods or Services

☐ Unpaid Loan / Money Owed

☐ Return of Deposit / Overpayment

☐ Negligence

☐ Other: [________________________________]

7.3 Factual Basis for Counterclaim

7.3.1 On or about [__/__/____], [________________________________] (describe the transaction or event giving rise to the counterclaim)

7.3.2 The Plaintiff was obligated to [________________________________]

7.3.3 The Plaintiff failed to [________________________________]

7.3.4 As a direct result of Plaintiff's conduct, Defendant has been damaged as follows: [________________________________]

7.4 Itemized Counterclaim Damages

7.5 Evidence Supporting Counterclaim

7.6 Prayer for Relief on Counterclaim

WHEREFORE, Defendant demands judgment against Plaintiff on the counterclaim in the amount of $[________________________________], plus:

1. Pre-judgment interest at the statutory rate;
2. Court costs as allowed by law;
3. Such other and further relief as the Court deems just and equitable.

SECTION 8: PRAYER FOR RELIEF ON ANSWER

WHEREFORE, Defendant respectfully requests that the Court:

a. Dismiss the Statement of Claim in its entirety with prejudice;

b. Enter judgment in favor of Defendant on all of Plaintiff's claims;

c. Award Defendant costs of this action as allowed by law;

d. If a counterclaim has been asserted, enter judgment on the counterclaim as set forth in Section 7 above; and

e. Grant such other and further relief as the Court deems just and equitable.

SECTION 9: RESERVATION OF RIGHTS

Defendant reserves the right to amend this Denial, assert additional affirmative defenses, and raise additional counterclaims or third-party claims if warranted by subsequently discovered facts or applicable law.

SECTION 10: VERIFICATION

I, [________________________________], declare under penalty of perjury under the laws of the State of South Dakota that the foregoing Denial, Affirmative Defenses, and Counterclaim (if asserted) are true and correct to the best of my knowledge, information, and belief.

Date: [__/__/____]

_______________________________________________

[________________________________] (Printed Name)

☐ Defendant, Pro Se

☐ Attorney for Defendant

Optional Notarization

(South Dakota small claims practice may require or recommend notarization; confirm with the Clerk of Courts)

STATE OF SOUTH DAKOTA    )

                                             ) SS.

COUNTY OF [________________________________]   )

Subscribed and sworn to before me this [____] day of [________________________________], 20[____].

_______________________________________________

Notary Public, State of South Dakota

My Commission Expires: [__/__/____]

(NOTARY SEAL)

SECTION 11: CERTIFICATE OF SERVICE

I certify that on [__/__/____], I served a true and correct copy of the foregoing Denial, Affirmative Defenses, and Counterclaim (if asserted) upon:

☐ Plaintiff at the address shown on the Statement of Claim:

[________________________________]

[________________________________]

☐ Plaintiff's attorney of record:

[________________________________]

[________________________________]

Method of Service:

☐ U.S. First-Class Mail, postage prepaid

☐ Certified Mail, Return Receipt Requested — Receipt No.: [________________________________]

☐ Hand Delivery / Personal Service

☐ Email (by written consent of the recipient): [________________________________]

_______________________________________________

[________________________________] (Signature)

[________________________________] (Printed Name)

[________________________________] (Address)

[________________________________] (Telephone)

[________________________________] (Email)

[________________________________] (Bar No., if attorney)

SECTION 12: HEARING PREPARATION GUIDE

Before the Hearing

☐ File the original Denial with the Clerk of Courts before the answer deadline

☐ Pay any required filing fee (confirm with the Clerk; counterclaim fees may apply)

☐ Serve a copy on the Plaintiff and file proof of service

☐ Organize all evidence (contracts, receipts, invoices, photos, text messages, emails)

☐ Prepare a brief written summary or timeline of events

☐ Identify and notify any witnesses you plan to call

☐ If the Plaintiff filed a counterclaim, prepare your response

☐ Review the Plaintiff's Statement of Claim and evidence one more time

At the Hearing

☐ Arrive at least 15 minutes early

☐ Bring all original documents and at least two copies of each (one for the Court, one for the opposing party)

☐ Dress appropriately for court

☐ Be prepared to explain your side of the dispute clearly and concisely

☐ Address the judge as "Your Honor"

☐ Do not interrupt the Plaintiff or the judge

☐ Present your evidence when asked and explain how it supports your position

☐ If you have witnesses, they may be asked to wait outside until called

After the Hearing

☐ The judge may issue a ruling at the hearing or by mail

☐ If a judgment is entered against you, you have the right to appeal to Circuit Court under SDCL 15-39-75

☐ The appeal must be filed within 30 days of entry of judgment

☐ If you prevail, the Plaintiff may appeal within the same 30-day period

☐ If a money judgment is entered in your favor (on the counterclaim), you may enforce it through standard collection procedures

SECTION 13: SOUTH DAKOTA-SPECIFIC PRACTICE NOTES

Small Claims Jurisdiction (SDCL 16-12C-13)

South Dakota's small claims (minor civil) jurisdiction covers claims up to $12,000. If a claim or counterclaim exceeds this limit, it must be filed in Circuit Court. A plaintiff who has a claim exceeding $12,000 may voluntarily reduce the claim to $12,000 to remain in small claims court, but they waive the right to recover the excess amount.

Counterclaim Procedures (SDCL 15-39-66)

If a defendant files a counterclaim, the Plaintiff must be given notice and may request a postponement of the hearing to prepare a response. The Plaintiff may file an answer to the counterclaim. For non-compulsory counterclaims, either party may request a jury trial or file a petition for removal to Circuit Court.

Default Judgment (SDCL 15-39-57)

If the Defendant fails to appear at the hearing or fails to file a timely Denial, the Court may enter a default judgment in favor of the Plaintiff for the amount claimed plus costs. To set aside a default judgment, the Defendant must file a motion showing good cause.

Transfer to Circuit Court

Either party may request removal to Circuit Court under certain circumstances, including when a counterclaim exceeds the small claims jurisdictional limit or when a party requests a jury trial on a non-compulsory counterclaim.

Forms (SDCL 15-39-78)

South Dakota provides standardized forms for small claims procedure. The South Dakota Unified Judicial System's "Guide and File" online system can help generate completed forms. Visit: ujs.sd.gov/self-help/civil-law-help/small-claims/

Sources and References

• SDCL Chapter 15-39 (Small Claims Procedure): South Dakota Legislature
• South Dakota Unified Judicial System — Small Claims Court Information: UJS Self-Help
• South Dakota Guide to Small Claims Court (PDF): UJS Guide
• SDCL 15-39-78 (Forms): South Dakota Legislature
• SDCL 15-39-66 (Counterclaims): South Dakota Legislature
• South Dakota Small Claims Courts Overview: FindLaw
• South Dakota Small Claims — Debitura Guide: Debitura