Small Claims Answer

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Vermont requires the use of official court form 100-00126 (Small Claims Answer) for small claims
answers. This template provides the substantive legal content to help you prepare —
but you must transfer your content to the official form before filing. The official form
is available at https://www.vermontjudiciary.org/civil/suing-and-being-sued-small-claims.
Do not file this document directly with the court.

STATE OF VERMONT

[________________________________] SUPERIOR COURT

CIVIL DIVISION — SMALL CLAIMS PROCEDURE

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

FILING DEADLINE NOTICE

This Answer must be filed within THIRTY (30) DAYS from the date on which the Plaintiff mailed the Summons and Complaint. See 12 V.S.A. § 5533; Vermont Rules of Small Claims Procedure. If the Defendant does not file an answer within 30 days from the mailing date, the Plaintiff must arrange for service by sheriff and the Defendant will have an additional period to respond after personal service.

Important: If you fail to respond or appear, a default judgment may be entered against you.

• Date Summons and Complaint were mailed to Defendant: [__/__/____]
• Deadline to file this Answer (30 days from mailing): [__/__/____]
• Date this Answer is being filed: [__/__/____]

Note: There is no fee to file an Answer in Vermont small claims court. However, if you file a counterclaim, a filing fee is required.

I. DEFENDANT INFORMATION

Defendant appears in this action:

☐ Pro se (self-represented, without an attorney)
☐ By counsel — Attorney information below:

Note: In Vermont small claims court, parties may represent themselves or retain an attorney. There is no restriction on attorney representation. See 12 V.S.A. § 5541.

II. PRELIMINARY STATEMENT

1. Defendant, [________________________________], hereby submits this timely Answer to the Small Claims Complaint ("Complaint") filed by Plaintiff, [________________________________] ("Plaintiff"), in the above-captioned matter.

2. This Answer is filed pursuant to 12 V.S.A. § 5533 and the Vermont Rules of Small Claims Procedure, within the thirty (30) day period allowed after mailing of the Summons and Complaint.

3. Defendant ☐ agrees / ☐ disagrees with the Plaintiff's claims as set forth in the Complaint.

4. All allegations contained in the Complaint that are not expressly admitted herein are hereby denied, and Defendant demands strict proof thereof.

III. RESPONSES TO PLAINTIFF'S ALLEGATIONS

Defendant responds to each numbered allegation of the Complaint as follows:

Instructions: For each paragraph of the Complaint, check the appropriate response and provide any explanation. On Vermont's official Answer form, the Defendant checks "Agree" or "Disagree" and provides reasons. This template allows for more detailed responses.

Allegation No. 1

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 2

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 3

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 4

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 5

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Allegation No. 6

Plaintiff's Allegation: [________________________________]

☐ Admitted. Defendant admits this allegation.
☐ Denied. Defendant denies this allegation. Defendant states: [________________________________]
☐ Lacks Knowledge. Defendant lacks sufficient knowledge or information to admit or deny this allegation and therefore denies the same.

Add additional allegation responses as needed to match the Complaint.

IV. DEFENDANT'S STATEMENT OF FACTS

Defendant states the following facts in support of this Answer and in explanation of why Defendant disagrees with Plaintiff's claims:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

7. [________________________________]

8. [________________________________]

Note: Vermont's official small claims Answer form asks the Defendant to "describe why you disagree with the Plaintiff's claims." Use this section to provide a clear, chronological narrative of the facts supporting your position. Bring all supporting documents to the hearing.

V. AFFIRMATIVE DEFENSES

Defendant asserts the following defenses without assuming any burden of proof not otherwise imposed by law. Each defense is pleaded separately and in the alternative:

Defense No. 1: Failure to State a Claim

Plaintiff's Complaint fails to state a claim upon which relief can be granted. Even accepting all allegations as true, no legally cognizable cause of action is established under Vermont law.

Defense No. 2: Statute of Limitations

Plaintiff's claims are barred, in whole or in part, by the applicable Vermont statutes of limitations, including:

• 12 V.S.A. § 511: Six (6) years for general civil actions, including actions on written or oral contracts
• 12 V.S.A. § 512(1): Three (3) years for assault and battery
• 12 V.S.A. § 512(2): Three (3) years for false imprisonment
• 12 V.S.A. § 512(3): Three (3) years for slander and libel
• 12 V.S.A. § 512(4): Three (3) years for personal injury caused by the act or default of another
• 12 V.S.A. § 512(4): Three (3) years for damage to personal property caused by the act or default of another
• 9A V.S.A. § 2-725: Four (4) years for sale of goods under the UCC
• 12 V.S.A. § 518: Three (3) years for actions for fraud or mistake (from discovery)
• 12 V.S.A. § 514: Six (6) years for conversion

Defense No. 3: Payment, Accord, and Satisfaction

Any amounts allegedly owed by Defendant to Plaintiff have been paid in full, settled by accord and satisfaction, or otherwise discharged. Defendant states: [________________________________]

Defense No. 4: Setoff and Recoupment

Defendant is entitled to set off against any amount owed to Plaintiff sums that Plaintiff owes to Defendant arising from the same or related transactions.

Defense No. 5: Lack of Standing / Improper Party

Plaintiff lacks standing to bring this action because Plaintiff has not suffered a legally cognizable injury or is not the real party in interest.

Defense No. 6: Improper Service of Process

Service of process was insufficient or otherwise defective and does not comply with 12 V.S.A. § 5534. The Summons and Complaint were not properly mailed or served as required by the Vermont Rules of Small Claims Procedure.

Defense No. 7: Estoppel, Waiver, and Laches

Plaintiff is estopped from asserting these claims, has waived the right to bring these claims, or is barred by the doctrine of laches due to unreasonable delay causing prejudice to Defendant.

Defense No. 8: Failure to Mitigate Damages

Plaintiff failed to take reasonable steps to mitigate damages. Any alleged losses are attributable, in whole or in part, to Plaintiff's failure to mitigate.

Defense No. 9: Comparative Fault

Pursuant to Vermont's modified comparative fault statute, 12 V.S.A. § 1036, Plaintiff's own negligence or fault caused or contributed to any damages alleged. Under Vermont law, if Plaintiff's negligence is equal to or greater than the combined negligence of the Defendant and other parties, Plaintiff is barred from recovery entirely. If Plaintiff's negligence is less than 50%, any recovery must be reduced proportionally.

Defense No. 10: Unclean Hands

Plaintiff has engaged in inequitable conduct relating to the subject matter of this action, and equitable relief should be denied under the doctrine of unclean hands.

Defense No. 11: Exceeding Jurisdictional Limit

The amount in controversy exceeds the small claims jurisdictional limit ($10,000, or $5,000 for consumer credit transactions and medical debt), and the action should be dismissed or transferred to the Civil Division. See 12 V.S.A. § 5531.

Defense No. 12: Reservation of Additional Defenses

Defendant reserves the right to assert additional defenses as they become known through investigation or preparation for the hearing.

VI. COUNTERCLAIM

Complete this section ONLY if Defendant has a claim against Plaintiff. If no counterclaim is asserted, check the box below and skip to Section VII.

☐ No Counterclaim. Defendant does not assert a counterclaim at this time.

☐ Counterclaim Asserted. Defendant asserts the following counterclaim against Plaintiff pursuant to 12 V.S.A. § 5533.

IMPORTANT NOTICE REGARDING COUNTERCLAIMS

• A counterclaim may be included with the Defendant's Answer. See 12 V.S.A. § 5533.
• The counterclaim must arise out of the same transaction or occurrence as the Plaintiff's claim, and the court must be able to acquire jurisdiction over all necessary parties.
• If the counterclaim does not exceed $10,000 (or $5,000 for consumer credit transactions and medical debt), the case remains in small claims court. See 12 V.S.A. § 5531.
• If you believe the Plaintiff owes you more than $10,000 and you choose to counterclaim in small claims court, you waive your right to any amounts over $10,000. The judgment on the counterclaim cannot exceed the jurisdictional limit.
• If you wish to pursue a counterclaim exceeding the jurisdictional limit without waiving the excess, you may file a motion to transfer the entire action to the Civil Division.
• A filing fee is required for counterclaims. Contact the Clerk for the current fee amount.
• The Plaintiff will be given an opportunity to respond to the counterclaim.

A. Counterclaim Parties

B. Jurisdiction and Venue

This counterclaim is properly brought in the Small Claims Division of the [________________________________] Superior Court because:

☐ The amount in controversy does not exceed $10,000 (12 V.S.A. § 5531)
☐ The amount in controversy does not exceed $5,000 (consumer credit or medical debt claim) (12 V.S.A. § 5531)
☐ The counterclaim arises from the same transaction or occurrence as the Complaint
☐ Counter-Claimant waives any amount exceeding the jurisdictional limit

C. Type of Counterclaim

☐ Breach of Contract (written)
☐ Breach of Contract (oral)
☐ Property Damage
☐ Return of Security Deposit (9 V.S.A. § 4461)
☐ Unpaid Wages / Services Rendered
☐ Money Had and Received / Unjust Enrichment
☐ Fraud / Misrepresentation
☐ Consumer Protection Violation (9 V.S.A. § 2451 et seq., Vermont Consumer Protection Act)
☐ Breach of Warranty
☐ Conversion of Property
☐ Other: [________________________________]

D. Factual Allegations Supporting Counterclaim

State the facts giving rise to your counterclaim clearly and in numbered paragraphs:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

E. Damages Sought on Counterclaim

Counter-Claimant seeks judgment against Counter-Defendant in the amount of:

$[________________________________]

This amount includes:

☐ Actual/compensatory damages: $[________________________________]
☐ Return of security deposit: $[________________________________]
☐ Repair / replacement costs: $[________________________________]
☐ Lost wages / income: $[________________________________]
☐ Other: $[________________________________]

Plus the following additional relief:

☐ Pre-judgment interest as permitted by law
☐ Post-judgment interest at the statutory rate (9 V.S.A. § 41a: 12% per annum or the contract rate)
☐ Court costs
☐ Such other relief as the Court deems just and proper

F. Supporting Documents for Counterclaim

List all documents Defendant intends to present at the hearing in support of the counterclaim:

☐ Contract / written agreement
☐ Lease agreement
☐ Receipts / invoices
☐ Photographs
☐ Text messages / emails
☐ Correspondence / demand letters
☐ Estimates / repair quotes
☐ Bank / financial records
☐ Witness statements
☐ Other: [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

A. Deny Plaintiff's Complaint in its entirety and enter judgment in favor of Defendant;

B. Enter judgment in favor of Defendant on the Counterclaim (if asserted) in the amount of $[________________________________], plus allowable pre-judgment and post-judgment interest;

C. Award Defendant recoverable court costs;

D. Grant such other and further relief as the Court deems just and proper.

VIII. VERIFICATION

I, [________________________________], declare under the pains and penalties of perjury under the laws of the State of Vermont that the foregoing Answer (and Counterclaim, if applicable) is true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

Note: Vermont generally requires verification by the party, not the attorney. If the Court's summons form instructs you to have the document notarized, attach a notary acknowledgment below.

Subscribed and sworn to before me on this [____] day of [________________________________], 20[____].

________________________________________
Notary Public, State of Vermont
My Commission Expires: [__/__/____]

IX. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Answer, Affirmative Defenses, and Counterclaim was served upon the Plaintiff by the following method:

☐ First-class U.S. Mail, postage prepaid, addressed to:

[________________________________]
[________________________________]
[________________________________]

☐ Certified mail, return receipt requested, addressed to:

[________________________________]
[________________________________]
[________________________________]
Certified Mail Tracking No.: [________________________________]

☐ Hand delivery / personal service to:

[________________________________]
[________________________________]

☐ Electronic service (if authorized by the Court or agreed upon by the parties) to:

[________________________________]

Note: Under Vermont small claims procedure, service of the Answer is typically by first-class mail. The Answer should also be filed with the Court. Retain proof of mailing for the hearing.

Signature: ________________________________________

Printed Name: [________________________________]

Date: [__/__/____]

X. HEARING INFORMATION AND PREPARATION

A. Hearing Date and Location

B. What to Bring to the Hearing

☐ A copy of this filed Answer
☐ A copy of the original Complaint and Summons
☐ All contracts, agreements, leases, or written documents relevant to the dispute
☐ Receipts, invoices, estimates, or proof of payment
☐ Photographs or video evidence
☐ Text messages, emails, or other written communications
☐ Demand letters and any written correspondence between parties
☐ A list of witnesses you intend to call (with contact information)
☐ Any other evidence that supports your defense or counterclaim
☐ Photo identification

C. Important Hearing Rules

• Both parties will have an opportunity to present their case. Vermont small claims hearings are less formal than regular civil trials.
• The judge will ask each side to explain their version of events and present evidence.
• Formal rules of evidence are relaxed in small claims proceedings. See 12 V.S.A. § 5537.
• There is no jury in Vermont small claims proceedings. The judge (or magistrate) will decide the case. See 12 V.S.A. § 5541.
• If you fail to appear at the hearing, a default judgment may be entered against you.
• Hearings are generally brief (15 to 30 minutes).
• If you need an interpreter or accommodation under the ADA, contact the court clerk's office in advance.
• Mediation may be available as an alternative before the hearing.

XI. FILING REQUIREMENTS AND FEES

A. Filing Fee

☐ Counterclaim filing fee paid: $[________________________________]
☐ Fee waiver / deferral application submitted (Application for Waiver of Filing Fees and Service Costs)

B. Filing Methods

☐ In person at the Superior Court Clerk's office
☐ By mail to the Superior Court Clerk
☐ Electronically (if e-filing is available in this unit)

XII. POST-HEARING INFORMATION

A. Appeal Rights

If you disagree with the judge's decision in the small claims proceeding, you may file an appeal:

• The appeal must be filed within thirty (30) days from the date of the judgment. See V.R.S.C.P. Rule 10; V.R.C.P. 74.
• A Notice of Appeal must be filed on a form provided by the court.
• A filing fee is required for the appeal. If the fee is not paid, the appeal will be dismissed.
• The appeal is heard by a Superior Court judge (Civil Division).
• On appeal, no new evidence is presented. The reviewing judge examines the record to determine whether the small claims judge made errors of law or clearly erroneous findings of fact.
• If the appeal is filed late or the fee is not paid, the appeal will be dismissed.
• Either party may be represented by an attorney on appeal.

B. Judgment Enforcement

If a money judgment is entered, the prevailing party may enforce it through:

• Wage garnishment pursuant to 12 V.S.A. § 3170 et seq.
• Trustee process (attachment of bank accounts and other assets)
• Recording a judgment lien against real property (12 V.S.A. § 2901)
• Execution on personal property
• Other lawful collection methods available under Vermont law

IMPORTANT PRACTICE NOTES FOR VERMONT SMALL CLAIMS

Jurisdictional Limit

Vermont small claims court has jurisdiction over civil actions where the amount in controversy does not exceed $10,000. See 12 V.S.A. § 5531. However, if the claim involves a consumer credit transaction or medical debt, the jurisdictional limit is reduced to $5,000. Claims exceeding these limits must be filed in the Civil Division of the Superior Court.

Answer Deadline and Procedure

The Defendant has 30 days from the date the Plaintiff mailed the Summons and Complaint to file an Answer. See 12 V.S.A. § 5533. If no answer is filed within 30 days, the Plaintiff must arrange for service by sheriff. There is no fee to file an Answer. The official court Answer form provides "Agree" and "Disagree" checkboxes with space to explain.

Attorney Representation

Attorneys are permitted in Vermont small claims court without restriction. See 12 V.S.A. § 5541.

No Jury Trial

Jury trials are not available in Vermont small claims proceedings. The case is decided by a judge or court-appointed magistrate. See 12 V.S.A. § 5541.

Discovery Rules

Formal discovery (interrogatories, depositions, requests for production) is generally not available in Vermont small claims proceedings. Parties should bring all supporting evidence and witnesses to the hearing.

Counterclaim Waiver Rule

If the Defendant files a counterclaim exceeding the jurisdictional limit ($10,000 or $5,000 for consumer credit/medical debt), the Defendant waives any amount exceeding the limit unless the Defendant moves to transfer the action to the Civil Division. See 12 V.S.A. § 5533.

Consumer Credit and Medical Debt

The reduced $5,000 jurisdictional limit for consumer credit transactions and medical debt reflects Vermont's policy of protecting consumers in debt-related disputes. Verify which limit applies to your case.

Security Deposit Claims

For residential security deposit disputes, Vermont law (9 V.S.A. § 4461) requires landlords to return the security deposit within 14 days of tenant departure, along with an itemized statement of deductions. Failure to comply may entitle the tenant to recovery of the deposit plus damages.

Sources and References

• Vermont Judiciary – Small Claims: Vermont Judiciary
• 12 V.S.A. Chapter 187 – Small Claims Procedure: Vermont Legislature
• Vermont Guide to Small Claims Proceedings: Vermont Judiciary
• 12 V.S.A. Chapter 23 – Limitation of Time for Commencement of Actions: Vermont Legislature
• 12 V.S.A. § 511 – Six-Year Limitation: Justia
• 12 V.S.A. § 512 – Three-Year Limitation: Justia
• Vermont Small Claims Courts Overview: FindLaw
• Vermont Small Claims Court Process: VTLawHelp
• Vermont Small Claims Information: VTLawHelp
• Vermont Civil Statute of Limitations: FindLaw