STATE OF VERMONT

[COUNTY] SUPERIOR COURT – SMALL CLAIMS DIVISION

_____

[PLAINTIFF NAME],

Plaintiff,

v.

[DEFENDANT NAME],

Defendant.

_____

Docket No.: [DOCKET NUMBER]

DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND [OPTIONAL] COUNTERCLAIM

[// GUIDANCE: This form is drafted for use in Vermont Small Claims Court. Insert all bracketed information and tailor the substance to the particular facts and allegations of the case. All references to “Complaint” below assume the Plaintiff’s pleading is denominated a “Small Claims Complaint & Summons.”]

TABLE OF CONTENTS

1. Document Header
2. Definitions (Limited)
3. Operative Provisions
   3.1. Admissions, Denials, & Statements of Lack of Knowledge
   3.2. General Denial (catch-all)
4. Affirmative Defenses
5. Counterclaim (Optional)
6. Reservation of Rights
7. Prayer for Relief
8. Verification
9. Certificate of Service

1. DOCUMENT HEADER

1.1 Parties.
    a. “Plaintiff” means [Plaintiff Name].
    b. “Defendant” means [Defendant Name].
1.2 Appearance. Defendant appears [pro se / through undersigned counsel], files this Answer within the deadline prescribed by the Vermont Rules of Small Claims Procedure (currently thirty (30) days from service), and responds to the Complaint as follows.

2. DEFINITIONS (Limited)

“Complaint” – Plaintiff’s Small Claims Complaint & Summons dated [Date].
“Court” – The Vermont Superior Court, [County] Unit, Small Claims Division.
[// GUIDANCE: Add any fact-specific defined terms that will help avoid repetition later.]

3. OPERATIVE PROVISIONS

3.1 Admissions, Denials & Statements of Lack of Knowledge

[// GUIDANCE: Copy each numbered paragraph from the Complaint verbatim before the corresponding response, or paraphrase with clear reference. The template below assumes ten paragraphs—add or delete as needed.]

3.2 General Denial

To the extent any allegation of the Complaint is not expressly admitted herein, Defendant denies the same and demands strict proof thereof.

4. AFFIRMATIVE DEFENSES

Without assuming any burden of proof greater than that imposed by law, Defendant asserts the following defenses, each of which is pled in the alternative and preserves all available arguments:

1. Failure to State a Claim – The Complaint fails to state facts upon which relief can be granted.
2. Lack of Jurisdiction and/or Improper Venue – The Court lacks personal or subject-matter jurisdiction, or venue is improper.
3. Statute of Limitations – Plaintiff’s claims are time-barred.
4. Payment / Accord & Satisfaction – Amounts claimed have been paid, set off, or compromised.
5. Estoppel, Waiver, and Laches – Plaintiff’s conduct bars or diminishes the relief sought.
6. Failure of Consideration – No enforceable consideration supports Plaintiff’s claim.
7. Unclean Hands – Equitable relief is barred by Plaintiff’s own misconduct.
8. Set-Off / Recoupment – Any liability to Plaintiff is reduced or eliminated by sums Plaintiff owes Defendant.
9. Exceeding Small Claims Jurisdictional Limit – The amount in controversy exceeds the statutory cap, and the action should be dismissed or transferred.
10. Additional Defenses – Defendant reserves the right to assert any other defenses revealed through discovery or investigation.

[// GUIDANCE: Delete, revise, or supplement defenses to fit the case. Vermont allows any “Rule 8(c)-style” affirmative defense so long as it provides fair notice.]

5. COUNTERCLAIM (Optional)

[// GUIDANCE: Vermont Small Claims Rules permit counterclaims up to the prevailing small-claims monetary limit. If the damages sought exceed that limit, you must either (a) waive the excess, or (b) file a motion to transfer the entire action to the Civil Division.]

5.1 Parties

Counterclaim-Plaintiff: [Defendant Name]
Counterclaim-Defendant: [Plaintiff Name]

5.2 Jurisdiction

This Court has jurisdiction because the amount in controversy on the Counterclaim [does not exceed / exceeds but is waived to] the statutory small-claims limit.

5.3 Factual Allegations

1. [Concise, numbered statements of fact supporting the counterclaim]
2. …

5.4 Causes of Action

Count 1 – [e.g., Breach of Contract]
    a. Defendant incorporates ¶¶ 1-__ above.
    b. [Elements of claim].
    c. [Damages description].

[Add additional counts as needed.]

5.5 Counterclaim Prayer

WHEREFORE, Counterclaim-Plaintiff respectfully requests judgment against Counterclaim-Defendant in an amount to be proven at hearing, together with allowable costs, interest, and such other relief as the Court deems just.

6. RESERVATION OF RIGHTS

Defendant reserves the right to amend this Answer to add, modify, or withdraw responses, defenses, and counterclaims as investigation and discovery proceed.

7. 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 and counterclaims;
c. Award Defendant costs, applicable statutory interest, and any other relief the Court deems equitable and just.

8. VERIFICATION

I, [Defendant or Authorized Representative Name], being duly sworn, state that I have read the foregoing Answer (and Counterclaim, if any) and verify that the statements therein are true and accurate to the best of my knowledge, information, and belief.

Date: ___ 202__
Signature: ____
Name: _____
Title (if any): _______

[// GUIDANCE: Vermont generally requires verification by the party, not the attorney. Attach notary acknowledgment if the Court’s summons form so instructs.]

9. CERTIFICATE OF SERVICE

I certify that on ___ 202__, a true and correct copy of this Answer, Affirmative Defenses, and Counterclaim was served upon:

☐ Plaintiff (if pro se) – by first-class U.S. Mail, postage prepaid, at [Address]
☐ Plaintiff’s Attorney – [Name & Address]

Signature: ____
Name: ________

END OF DOCUMENT

[// GUIDANCE: Review the Court’s local standing orders or clerk instructions—formatting (e.g., margins, font size) and filing method (physical vs. e-filing) vary by county. Confirm the current answer deadline on the Summons served in your case.]