COMMONWEALTH OF VIRGINIA

IN THE GENERAL DISTRICT COURT OF [COUNTY/CITY]

SMALL CLAIMS DIVISION

[PLAINTIFF FULL LEGAL NAME],
Plaintiff,

v. Case No. [__]

[DEFENDANT FULL LEGAL NAME],
Defendant.

DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM (IF ANY)

Filed pursuant to Va. Code Ann. §§ 16.1-122.1 et seq.

[// GUIDANCE: This template is drafted for Virginia Small Claims proceedings (claims ≤ $5,000 exclusive of interest, attorney’s fees, and costs). Customize bracketed text and delete any inapplicable sections before filing.]

I. DOCUMENT HEADER

1. Identification of Parties.
   a. Plaintiff: [Plaintiff full legal name], an individual/entity with a principal address at [_].
   b. Defendant: [Defendant full legal name], an individual/entity with a principal address at [_].

2. Recitals.
   WHEREAS, Plaintiff filed a Small Claims Warrant in Debt on or about [Filing Date] alleging that Defendant is indebted in the amount of $[_] (the “Complaint”); and
   WHEREAS, Defendant appears and files this timely Answer pursuant to Va. Code Ann. § 16.1-122.3 and the Court’s Return Date of [Return Date];

NOW, THEREFORE, Defendant answers, asserts affirmative defenses, and states any counterclaim as follows:

II. DEFINITIONS

For ease of reference, the following capitalized terms have the meanings set forth below:

“Action” means the above-captioned small-claims matter, Case No. [__].

“Complaint” means the Small Claims Warrant in Debt (and any attachments) filed by Plaintiff on [Filing Date].

“Court” means the General District Court of [County/City], Small Claims Division.

“Defendant” means [Defendant Name]; “Plaintiff” means [Plaintiff Name].

III. OPERATIVE PROVISIONS

A. General Denial.
Except as expressly admitted herein, Defendant denies each and every material allegation contained in the Complaint and demands strict proof thereof.

B. Specific Responses to Numbered Allegations.
1. Paragraph 1 of the Complaint: [ADMIT / DENY / LACK SUFFICIENT INFORMATION].
2. Paragraph 2 of the Complaint: [ADMIT / DENY / LACK SUFFICIENT INFORMATION].
3. Paragraph 3 of the Complaint: [ADMIT / DENY / LACK SUFFICIENT INFORMATION].
[Add additional numbered responses as necessary to correspond with the Complaint.]

[// GUIDANCE: Virginia small-claims forms often list allegations in unnumbered narrative form. If so, convert each distinct assertion into a numbered allegation for clarity.]

IV. AFFIRMATIVE DEFENSES

Without conceding the burden of proof, and preserving all defenses available under Va. Sup. Ct. R. 7B:8 and Va. Code Ann. §§ 8.01-418 et seq., Defendant asserts the following affirmative defenses. Each defense is pled in the alternative and does not concede the sufficiency of the Complaint.

1. Failure to State a Claim. The Complaint fails to state facts sufficient to constitute a cause of action upon which relief may be granted.

2. Statute of Limitations. Any claim based on [contract / tort] is barred, in whole or in part, by the applicable statute of limitations under Va. Code Ann. § 8.01-[______].

3. Payment and Accord & Satisfaction. Plaintiff has been paid in full and/or accepted alternate performance discharging Defendant’s obligation.

4. Lack of Standing / Real Party in Interest. Plaintiff lacks standing because [__].

5. Set-Off / Recoupment. Any liability is reduced or eliminated by credits, offsets, or reciprocal obligations owed to Defendant.

6. Failure of Consideration. The underlying agreement is void or unenforceable for lack or failure of consideration.

7. Unclean Hands / Equitable Defenses. Plaintiff’s own conduct bars or diminishes recovery.

8. Reservation of Additional Defenses. Defendant reserves the right to assert further defenses as they become known through investigation or discovery permitted by the Court.

V. COUNTERCLAIM

[If Defendant wishes to pursue a counterclaim within the $5,000 jurisdictional cap:]

1. Parties. Counter-Plaintiff: [Defendant]. Counter-Defendant: [Plaintiff].

2. Jurisdiction & Venue. This Court has subject-matter jurisdiction over the counterclaim under Va. Code Ann. § 16.1-122.2, and venue is proper under Va. Code Ann. §§ 8.01-257 et seq.

3. Factual Allegations.
   a. On or about [Date], Counter-Defendant [describe conduct giving rise to counterclaim].
   b. As a result, Counter-Plaintiff suffered damages of $[_____] plus interest.

4. Cause(s) of Action.
   Count 1 – [Breach of Contract / Property Damage / etc.].

5. Damages. Counter-Plaintiff seeks judgment against Counter-Defendant in the amount of $[_____] plus applicable interest, costs, and such other relief as the Court deems just.

[// GUIDANCE: If no counterclaim is asserted, delete Section V and renumber subsequent sections.]

VI. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss the Complaint with prejudice;
B. Enter judgment in Defendant’s favor on all claims;
C. Award Defendant costs as permitted by law;
D. Enter judgment for Defendant on the counterclaim (if any) in the amount of $[_____] plus interest and costs; and
E. Grant such other and further relief as the Court deems equitable and proper.

VII. CERTIFICATE OF SERVICE

I certify that on this ___ day of _, 20, a true copy of the foregoing was sent by [first-class mail / hand delivery / email with consent] to:

[Plaintiff or Plaintiff’s Counsel]
[Address]
[City, State, ZIP]

[DEFENDANT NAME] (pro se / by counsel)
[Street Address]
[City, State, ZIP]
Telephone: [_]
Email: [_]

VIII. SIGNATURE & VERIFICATION

[If filing pro se, sign and date. If represented, attorney signs per Va. Sup. Ct. R. 1A:4.]

_____ Date: ___
[Signature of Defendant / Attorney]
Printed Name: [__]
VSB No.: [______] (if applicable)

Verification (Optional but Recommended)
I, [Defendant Name], certify under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

_____ Date: _______
[Defendant Signature]

[// GUIDANCE: Notarization is not required for small claims in Virginia, but a verification strengthens the pleading.]

QUICK-REFERENCE GUIDANCE FOR ATTORNEYS

[// GUIDANCE: Remove this section prior to filing.]

• Deadline: No formal written answer is mandated, but filing this Answer on or before the Return Date (or earlier if ordered) preserves defenses and frames issues.
• Counterclaims: Must not exceed $5,000 exclusive of interest and costs; compulsory counterclaims are encouraged to avoid claim-splitting.
• Discovery: Limited in small claims; prepare to prove defenses with live testimony and documents at trial.
• Removal: Either party may move to transfer the case to the regular General District Court per Va. Code Ann. § 16.1-122.4; file the written “Notice of Removal” no later than five (5) days before trial.
• Appeals: Aggrieved party may appeal to the Circuit Court within ten (10) days of judgment; de novo standard.

END OF TEMPLATE