DEFENDANT’S ORIGINAL ANSWER

In the Justice Court, Precinct [__], [COUNTY] County, Texas
Cause No. [__]

[PLAINTIFF NAME],
Plaintiff,

v.

[DEFENDANT NAME],
Defendant.

I. DOCUMENT HEADER

1. Parties and Counsel
   1.1 Plaintiff: [PLAINTIFF NAME], an individual/entity with address at [PLAINTIFF ADDRESS].
   1.2 Defendant: [DEFENDANT NAME], an individual/entity with address at [DEFENDANT ADDRESS].
   1.3 Counsel/Representative: [LAW FIRM OR “Pro Se”], contact information [__].

2. Effective Date and Jurisdiction
   2.1 This Answer is timely filed on [DATE], within the 14-day period prescribed by Tex. R. Civ. P. 502.5(a).
   2.2 The Court has subject-matter jurisdiction under Tex. Gov’t Code § 27.031 (Justice Courts) because the amount in controversy does not exceed the $20,000 statutory cap for small-claims proceedings.

[// GUIDANCE: Confirm service date to ensure timeliness. If service was by publication or alternative means, adjust timing under Rule 509.5.]

II. DEFINITIONS

For purposes of this Answer:
“AFFIRMATIVE DEFENSES” means the defenses enumerated in Section IV below.
“COUNTERCLAIM” means any claim asserted by Defendant against Plaintiff in Section V, subject to the monetary cap of Tex. R. Civ. P. 502.3(d).
“COURT” means the Justice Court, Precinct [__], [COUNTY] County, Texas.
“RULES” means the Texas Rules of Civil Procedure Part V (Rules 500–510).

III. GENERAL DENIAL

Pursuant to Tex. R. Civ. P. 502.5(b), Defendant enters a general denial, and respectfully demands that Plaintiff be required to prove each and every allegation by a preponderance of the evidence.

IV. AFFIRMATIVE DEFENSES

Without conceding any burden of proof and reserving the right to amend, Defendant asserts the following AFFIRMATIVE DEFENSES, each of which is pled in the alternative to every other defense and claim:

1. Failure of Consideration
2. Payment and Accord & Satisfaction
3. Statute of Limitations
4. Waiver, Estoppel, and Laches
5. Lack of Standing / Capacity
6. Statutory Caps and Limitations (Tex. Civ. Prac. & Rem. Code § 41.001 et seq.)
7. Offset / Credit Due
8. Unconscionability
9. Fraud or Misrepresentation by Plaintiff
10. Any other matter constituting an avoidance or affirmative defense under Rule 94, as may be supported by evidence.

[// GUIDANCE: Delete defenses that are inapplicable; add any verified or statutory defenses (e.g., sworn account under Rule 185) as needed. If a defense must be verified, include a verification at Section VIII.]

V. COUNTERCLAIM (Optional)

1. Nature of Counterclaim
   Defendant asserts a [BREACH OF CONTRACT / NEGLIGENCE / OTHER] Counterclaim arising out of the same transaction or occurrence, seeking damages of $[____] plus costs, within the jurisdictional cap of this Court.

2. Elements and Damages
   2.1 Plaintiff owed Defendant a duty/obligation to [_].
   2.2 Plaintiff breached that duty by [_].
   2.3 Defendant suffered damages in the amount of $[____], for which Plaintiff is liable.

3. Prayer on Counterclaim
   Defendant requests judgment for actual damages, court costs, and such other relief to which Defendant is justly entitled.

[// GUIDANCE: Ensure the total of Plaintiff’s claim plus Counterclaim does not exceed $20,000, inclusive of attorney’s fees, per Rule 500.3(a). File Counterclaim at least 14 days before trial (Rule 502.4(c)).]

VI. PRAYER

WHEREFORE, Defendant respectfully prays that:
1. Plaintiff take nothing by reason of its claims;
2. Judgment be rendered in favor of Defendant on all AFFIRMATIVE DEFENSES;
3. If asserted, Defendant recover on the COUNTERCLAIM;
4. All costs of court be assessed against Plaintiff; and
5. Defendant be granted such other and further relief, at law or in equity, to which Defendant may be justly entitled.

VII. REQUEST FOR NON-JURY TRIAL

Defendant does not demand a jury trial and consents to a bench trial pursuant to the “no_jury_available” parameter provided.

[// GUIDANCE: If a jury is later desired, a written request and fee must be filed no later than 3 days before trial (Rule 505.1).]

VIII. VERIFICATION (Only if Required)

State of Texas §
County of [__] §

BEFORE ME, the undersigned authority, on this day personally appeared [DEFENDANT NAME], who, being by me duly sworn, stated under oath that (i) he/she is the Defendant in the above-styled action; (ii) he/she has read the foregoing Answer and any COUNTERCLAIM; and (iii) every statement contained therein is within his/her personal knowledge and is true and correct.

[DEFENDANT NAME]

SWORN TO AND SUBSCRIBED before me on the ___ day of [MONTH], 20____.

Notary Public, State of Texas
My Commission Expires: _____

[// GUIDANCE: Most small-claims answers do not require verification; include only if a verified denial is necessary (e.g., sworn account) or if local practice dictates.]

IX. CERTIFICATE OF SERVICE

I certify that a true and correct copy of this Answer was served on Plaintiff or Plaintiff’s counsel in compliance with Tex. R. Civ. P. 501.4, on the ___ day of [MONTH], 20____, by:

☐ E-mail to: [EMAIL]
☐ Certified Mail, Return Receipt Requested to: [ADDRESS]
☐ Hand Delivery
☐ E-Filing Service Provider

[NAME]
[Title, if any]

[// GUIDANCE:
1. File the Answer with the Justice Court clerk and pay any required filing fee.
2. Retain proof of filing and service (e-filing confirmation, USPS receipt, etc.).
3. Calendar all deadlines: mediation notices, pre-trial conference, trial date, and any discovery cut-offs under Rule 500.9.
4. Bring all relevant documents and witnesses to the first appearance; Justice Court procedure is informal but evidence rules still apply.]