DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM
General Sessions (Small Claims) Court for [COUNTY] County, Tennessee
Case No.: [____]
Plaintiff: [PLAINTIFF NAME]
v.
Defendant: [DEFENDANT NAME]
[// GUIDANCE: Verify the court style used in the particular Tennessee county (e-filing header, bar numbers, etc.).]
TABLE OF CONTENTS
- Document Header
- Preliminary Responses to the Complaint
- General Denial & Specific Admissions/Denials
- Affirmative Defenses
- Counterclaim (if asserted)
- Prayer for Relief
- Governing Law & Venue Statement
- General Provisions
- Execution Block
- Certificate of Service
1. DOCUMENT HEADER
1.1 Effective Date. This Answer is deemed filed on the date it is time-stamped by the Clerk of the General Sessions Court for [COUNTY] County, Tennessee (the “Court”).
1.2 Jurisdiction. The Court has limited monetary jurisdiction pursuant to Tennessee statute governing General Sessions (currently $25,000 exclusive of interest and costs) (the “Small Claims Limit”).
1.3 Parties. [PLAINTIFF NAME] (“Plaintiff”) and [DEFENDANT NAME] (“Defendant,” collectively with Plaintiff, the “Parties”).
[// GUIDANCE: If multiple defendants, replicate identification lines and adjust plural references throughout.]
2. PRELIMINARY RESPONSES TO THE COMPLAINT
2.1 Reservation. Defendant reserves all rights to amend, supplement, or withdraw any portion of this Answer, assert additional defenses, and pursue discovery, all to the fullest extent permitted by Tennessee law and the Court’s local rules.
2.2 No Waiver of Defenses. Participation in this proceeding shall not be construed as a waiver of any jurisdictional or procedural defense, including but not limited to personal jurisdiction, improper service of process, or venue.
3. GENERAL DENIAL & SPECIFIC ADMISSIONS/DENIALS
[// GUIDANCE: Tennessee small-claims practice permits a general denial, but specific, line-item responses strengthen the record.]
3.1 General Denial. Pursuant to Tenn. R. Civ. P. 8.02, Defendant generally denies each and every allegation not expressly admitted herein.
3.2 Specific Responses.
| Complaint ¶ | Response (Admit / Deny / Insufficient Knowledge) | Clarifying Statement (if any) |
|---|---|---|
| ¶1 | [ADMIT] | — |
| ¶2 | [DENY] | Defendant did not execute the alleged agreement. |
| ¶3 | [DKI]* | — |
*“DKI” = denies knowledge or information sufficient to form a belief.
[// GUIDANCE: Copy as many rows as needed to match plaintiff’s numbered allegations.]
4. AFFIRMATIVE DEFENSES
Without assuming any burden not imposed by law, and expressly incorporating the reservation in §2.1, Defendant asserts the following defenses:
4.1 Failure to State a Claim.
4.2 Lack of Subject-Matter Jurisdiction if Amount Exceeds Small Claims Limit.
4.3 Improper or Insufficient Service of Process.
4.4 Statute of Limitations.
4.5 Payment, Accord, and Satisfaction.
4.6 Set-Off and Recoupment.
4.7 Failure of Consideration.
4.8 Waiver, Estoppel, and Laches.
4.9 Lack of Standing.
4.10 Unclean Hands / Fraud / Misrepresentation by Plaintiff.
4.11 Failure to Mitigate Damages.
4.12 Force Majeure / Impossibility / Frustration of Purpose.
4.13 Any Additional Affirmative Defense Recognized Under Tenn. R. Civ. P. 8.03 or Tennessee Common Law that May Arise Through Discovery.
[// GUIDANCE: Strike inapplicable defenses and add any that fit the facts (e.g., discharge in bankruptcy).]
5. COUNTERCLAIM (OPTIONAL)
[COUNTERCLAIM PLAINTIFF]: [DEFENDANT NAME]
v.
[COUNTERCLAIM DEFENDANT]: [PLAINTIFF NAME]
5.1 Jurisdiction & Amount in Controversy. This counterclaim is within the Court’s jurisdiction because it arises out of the same transaction or occurrence and seeks damages not exceeding the Small Claims Limit.
5.2 Factual Allegations. [Numbered factual averments supporting the counterclaim.]
5.3 Claim(s) for Relief. (e.g., Breach of Contract, Property Damage, Unjust Enrichment.)
5.4 Damages Sought. Principal amount $[_] + court costs + pre-judgment interest as allowed by law.
5.5 Prayer on Counterclaim. See §6.2 below.
[// GUIDANCE: Tennessee practice does not require separate filing fees for counterclaims within the same monetary limit; confirm with the Clerk.]
6. PRAYER FOR RELIEF
6.1 On the Complaint, Defendant respectfully requests:
(a) That Plaintiff take nothing and that the Complaint be dismissed with prejudice;
(b) That all court costs be taxed to Plaintiff; and
(c) Any further relief, whether general or specific, at law or in equity, to which Defendant may be justly entitled.
6.2 On the Counterclaim (if asserted), Defendant requests:
(a) Judgment against Plaintiff in the amount of $[__];
(b) Pre- and post-judgment interest as permitted by Tenn. Code Ann. § 47-14-121;
(c) Court costs; and
(d) Such additional relief as the Court deems proper.
7. GOVERNING LAW & VENUE STATEMENT
7.1 Governing Law. All claims and defenses are governed by the laws of the State of Tennessee.
7.2 Venue. Venue lies properly in this Court pursuant to Tenn. Code Ann. § 20-4-101 and applicable local rules.
7.3 Non-Jury Proceeding. The matter will be heard by the Court without a jury, consistent with small-claims procedure.
8. GENERAL PROVISIONS
8.1 Amendment. Defendant may amend this Answer once as a matter of right within the time limits provided by Tenn. R. Civ. P. 15.01 and thereafter with leave of court.
8.2 Severability. If any defense herein is found invalid, the remaining defenses survive to the fullest extent.
8.3 Integration. This document constitutes Defendant’s complete answer and supersedes any prior oral or written statement of defense.
9. EXECUTION BLOCK
Respectfully submitted,
plaintext
[DEFENSE COUNSEL NAME], Esq.
TN BPR No. [_]
[Law Firm Name]
[Street Address]
[City], Tennessee [ZIP]
Phone: [--_]
Email: [_]
Counsel for Defendant
OR
plaintext
[DEFENDANT NAME] (Pro Se)
[Mailing Address]
[City], Tennessee [ZIP]
Phone: [--_]
Email: [_]
Date: [____]
[// GUIDANCE: If pro se, strike the attorney signature block and include the pro se block only.]
10. CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was served upon:
• Plaintiff / Plaintiff’s Counsel: [NAME & ADDRESS]
by ☐ hand-delivery ☐ U.S. Mail ☐ e-mail ☐ e-filing system (if applicable) on this ___ day of [MONTH], 20__.
plaintext
[Signature]
[// GUIDANCE:
1. Filing Deadline—Tennessee General Sessions practice generally requires the defendant to appear (and, if desired, file an answer) on or before the first court date stated in the civil warrant. Confirm the exact deadline printed on the warrant.
2. Attach Exhibits—If you rely on documents (e.g., proof of payment), label them “Exhibit A,” “Exhibit B,” etc., and reference them in the factual section.
3. Counterclaim Notice—Alert the clerk at filing so the counterclaim appears on the docket and is served.
4. Settlement—Consider requesting mediation on the trial date; many Tennessee small-claims courts offer same-day facilitation.
]