IN THE SMALL CLAIMS DIVISION OF THE [COUNTY] JUSTICE COURT

STATE OF UTAH

[PLAINTIFF NAME],
  Plaintiff,

v.

[DEFENDANT NAME],
  Defendant.

Case No.: [_]
Judge: [_]

DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

[// GUIDANCE: Confirm the caption matches exactly what appears on the Notice of Small Claim. Utah small-claims pleadings are strictly caption-driven; any discrepancy can delay docketing.]

1. PARTIES

1.1 Plaintiff. [PLAINTIFF NAME], with a principal address of [__].

1.2 Defendant. [DEFENDANT NAME], residing at [_], telephone [_], e-mail [__].

2. JURISDICTION & VENUE

2.1 This Court has subject-matter jurisdiction pursuant to Utah Code § 78A-8-102 (Small Claims Courts) because the amount in controversy does not exceed the statutory maximum.

2.2 Venue is proper in this Court because the events giving rise to the claim occurred in [COUNTY] County, Utah, and/or the Defendant resides or does business here.

3. ANSWER TO PLAINTIFF’S CLAIMS

3.1 General Denial. Except as expressly admitted herein, Defendant denies each and every allegation contained in the Plaintiff’s Notice of Small Claim and demands strict proof thereof.

3.2 Specific Responses.
 (a) Paragraph 1: [ADMIT / DENY / PARTIALLY ADMIT; additional statement.]
 (b) Paragraph 2: [ADMIT / DENY / LACK SUFFICIENT INFORMATION.]
 (c) Paragraph 3: …
 (d) [Continue as needed.]

[// GUIDANCE: If the Plaintiff’s pleading is not formally paragraphed, respond “Defendant denies the claim in its entirety” and proceed to § 4.]

4. AFFIRMATIVE DEFENSES

Without conceding the sufficiency of Plaintiff’s claims, and reserving the right to amend, Defendant asserts the following defenses:

4.1 Failure to State a Claim.
4.2 Lack of Standing.
4.3 Statute of Limitations.
4.4 Payment and/or Accord & Satisfaction.
4.5 Offset / Recoupment.
4.6 Waiver, Estoppel, and/or Laches.
4.7 Failure to Mitigate Damages.
4.8 Unjust Enrichment.
4.9 Lack of Subject-Matter Jurisdiction (amount exceeds statutory cap).
4.10 Any other matter constituting an avoidance or affirmative defense under Utah law that may arise through discovery or at trial.

[// GUIDANCE: Utah small-claims procedure permits the assertion of affirmative defenses orally at the hearing. Including them here offers additional procedural protection.]

5. (OPTIONAL) COUNTERCLAIM

[Include only if Defendant has a permissible counterclaim. Remove this section if not applicable.]

5.1 Nature of Counterclaim. Defendant asserts a counterclaim against Plaintiff for [breach of contract / property damage / unpaid wages / other] arising from the same transaction or occurrence.

5.2 Amount Sought. Defendant seeks judgment in the amount of $[____] plus (a) court costs, (b) pre- and post-judgment interest as allowed by law, and (c) any other relief the Court deems just, all not to exceed the jurisdictional limit set forth in Utah Code § 78A-8-102.

5.3 Factual Basis.
 (a) On or about [DATE], Plaintiff [describe conduct giving rise to counterclaim].
 (b) As a direct and proximate result, Defendant suffered damages of $[____].

[// GUIDANCE: Under Utah Rules of Small Claims Procedure, a counterclaim (“Counter Affidavit”) must be filed and mailed to Plaintiff at least 15 calendar days before the scheduled trial date.]

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Enter judgment in favor of Defendant and against Plaintiff, dismissing Plaintiff’s claims with prejudice;
B. Award Defendant costs allowed by law;
C. On the counterclaim (if any), enter judgment in Defendant’s favor in the amount set forth above; and
D. Grant such other and further relief as the Court deems just and proper.

7. RESERVATION OF RIGHTS

Defendant reserves the right to amend this Answer, assert additional defenses, and supplement the counterclaim as permitted by the Utah Rules of Small Claims Procedure and the Utah Rules of Civil Procedure (to the extent applicable).

8. VERIFICATION / DECLARATION

[Required if filing without counsel; optional if represented.]

I, [DEFENDANT NAME], declare under penalty of perjury under the laws of the State of Utah that the foregoing is true and correct to the best of my knowledge.

DATED: [DATE]                __________
                      [DEFENDANT NAME], Defendant

9. CERTIFICATE OF SERVICE

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

[PLAINTIFF ADDRESS OR EMAIL]

by: □ U.S. Mail  □ Hand Delivery  □ Email (if agreed)  □ Other [Specify]

[DEFENDANT NAME]

[// GUIDANCE: Service must be completed in accordance with the Utah Rules of Small Claims Procedure. Maintain proof of mailing/hand-delivery for court submission.]

ATTORNEY OR PRO SE SIGNATURE BLOCK

Respectfully submitted,

[DEFENDANT NAME] (□ Pro Se | □ Attorney for Defendant)
[Utah Bar No. ____]
[ADDRESS] • [PHONE] • [EMAIL]

QUICK-REFERENCE CHECKLIST (Do Not File)

[// GUIDANCE: Remove this page before filing—use it as an internal compliance aid.]

☐ Caption exactly matches Notice of Small Claim
☐ Defendant’s contact information provided
☐ Specific admissions/denials entered or general denial included
☐ All known affirmative defenses listed
☐ Counterclaim amount ≤ statutory limit and filed ≥ 15 days before trial
☐ Verification signed (if required)
☐ Certificate of Service completed and executed
☐ Copies mailed/served on Plaintiff
☐ One original + required copies filed with clerk; filing fee paid (if any)

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