IN THE MAGISTRATE COURT OF [COUNTY] COUNTY, WEST VIRGINIA
Small Claims Division
[PLAINTIFF NAME],
Plaintiff,
v. Civil Action No. [__]
[DEFENDANT NAME],
Defendant.
ANSWER, AFFIRMATIVE DEFENSES, AND OPTIONAL COUNTERCLAIM
(West Virginia Small Claims—W. Va. Magistrate Court Jurisdiction)
[// GUIDANCE: This template is drafted for use in West Virginia Magistrate Court “small claims” proceedings (jurisdictional ceiling currently $10,000). Replace all bracketed text and adapt the substance to the facts of your case. Confirm court-specific local rules and any standing orders before filing.]
TABLE OF CONTENTS
- Document Header & Caption
- Preliminary Statements
- General and Specific Responses
- Affirmative Defenses
- Counterclaim (If Asserted)
- Reservation of Additional Defenses
- Prayer for Relief
- Verification
- Certificate of Service
1. PRELIMINARY STATEMENTS
1.1 Identification of Parties.
(a) Plaintiff: [PLAINTIFF NAME], an individual/business entity with an address at [_].
(b) Defendant: [DEFENDANT NAME], an individual/business entity with an address at [_].
1.2 Jurisdiction & Venue.
Defendant admits that this Court has subject-matter jurisdiction over small claims pursuant to governing West Virginia law and that venue is proper in this County because [state reason—e.g., the transaction occurred, and/or Defendant resides, within this County].
1.3 Timeliness.
This Answer is filed within the time permitted (generally twenty (20) calendar days after service of the Complaint) or as otherwise ordered by the Court. [// GUIDANCE: Verify actual service date and compute due date to avoid default.]
2. GENERAL AND SPECIFIC RESPONSES
2.1 Format.
Pursuant to the West Virginia Rules of Civil Procedure for Magistrate Courts, Defendant responds to the numbered paragraphs of the Complaint as follows. Paragraph numbers correspond to those in the Complaint. Allegations not expressly admitted are denied.
2.2 Responses.
1. Paragraph 1: [Admit / Deny / Lack sufficient information and therefore deny.]
2. Paragraph 2: […]
…
[Continue until all paragraphs are addressed.]
2.3 General Denial.
Except as expressly admitted herein, Defendant denies each and every allegation, matter, and thing contained in the Complaint and demands strict proof thereof.
3. AFFIRMATIVE DEFENSES
Without assuming any burden of proof not otherwise imposed by law, and reserving the right to amend, Defendant asserts the following affirmative defenses:
- Failure to State a Claim.
- Lack of Standing.
- Statute of Limitations.
- Payment and/or Accord and Satisfaction.
- Estoppel, Waiver, and/or Laches.
- Failure to Mitigate Damages.
- Set-Off and Recoupment.
- Unclean Hands.
- Lack of Privity.
- Improper Service of Process.
- [ADD ADDITIONAL AFFIRMATIVE DEFENSES AS APPLICABLE].
[// GUIDANCE: West Virginia mandates that affirmative defenses be pled with the answer or they may be deemed waived. Ensure any compulsory defenses are included.]
4. COUNTERCLAIM (OPTIONAL)
[Include only if Defendant wishes to assert a money-damage counterclaim within the small-claims jurisdictional limit and arising out of the same transaction or occurrence.]
Counter-Plaintiff: [DEFENDANT NAME]
Counter-Defendant: [PLAINTIFF NAME]
4.1 Jurisdiction.
This Counterclaim is within this Court’s monetary jurisdiction and arises from the same transaction/occurrence alleged in the Complaint.
4.2 Statement of Facts.
[Concise statement of factual basis—numbered paragraphs.]
4.3 Cause(s) of Action.
Count I – Breach of Contract
(1) The parties entered into a contract on [DATE]…
(2) Counter-Defendant breached by …
(3) Counter-Plaintiff suffered damages of $[__].
[Add additional counts as needed, ensuring total damages sought do not exceed the statutory limit.]
4.4 Prayer on Counterclaim.
Counter-Plaintiff demands judgment against Counter-Defendant for:
(a) Compensatory damages of $[__];
(b) Pre- and post-judgment interest as allowed by law;
(c) Court costs and such other relief as the Court deems just.
5. RESERVATION OF ADDITIONAL DEFENSES
Defendant reserves the right to amend this Answer and to assert any additional defenses, counterclaims, or third-party claims that may become apparent through discovery or further investigation.
6. PRAYER FOR RELIEF
WHEREFORE, Defendant respectfully requests that the Court:
1. Dismiss the Complaint with prejudice;
2. Enter judgment in favor of Defendant on all claims;
3. Award Defendant costs allowable by law;
4. Enter judgment on any Counterclaim (if pleaded) as requested herein; and
5. Grant such other and further relief as the Court deems just and proper.
7. VERIFICATION
I, [DEFENDANT NAME], being first duly sworn (or affirming under penalty of perjury pursuant to W. Va. Code § 39-4-6), state that I have read the foregoing Answer (and Counterclaim, if any) and that the factual statements therein are true and correct to the best of my knowledge, information, and belief.
Date: __ Signature: ____
Printed Name: __________
[// GUIDANCE: Use either traditional notarized verification or an unsworn declaration; confirm the magistrate clerk’s preference.]
8. CERTIFICATE OF SERVICE
I certify that on the ___ day of _, 20, I served a true and correct copy of the foregoing Answer, Affirmative Defenses, and Counterclaim by:
[ ] First-Class U.S. Mail
[ ] Hand Delivery
[ ] Other: _____
to:
[PLAINTIFF/PLAINTIFF’S COUNSEL NAME]
[ADDRESS]
[DEFENDANT / DEFENSE COUNSEL SIGNATURE]
Printed Name: ____
Address: _____
Phone: _____
Email: _______
[// GUIDANCE: Retain proof of mailing or delivery to avoid disputes regarding service.]
[// GUIDANCE:
1. Small-Claims Limit—Verify the current monetary threshold (recently $10,000) before asserting a counterclaim.
2. Answer Deadline—Calendar 20 days from service, excluding the service date, unless the summons specifies a different period or the court orders otherwise.
3. Mandatory Counterclaims—Any claim arising out of the same transaction/occurrence must be filed with this Answer or it may be barred.
4. Amendments—The Magistrate Court Rules permit liberal amendment; seek leave promptly if additional facts arise.
5. Attach Exhibits—If relying on documentary evidence (e.g., receipts, contracts), label as Exhibits A, B, etc., and reference them in the factual section.]