Small Claims Answer

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

Wyoming small claims rules do not require a formal written answer — defendants respond by
appearing at the hearing. This template provides the substantive legal content to help you
prepare your defense. Official small claims forms and rules are available at
https://www.wyocourts.gov/legal-help-by-topic/small-claims/.
Do not file this document directly with the court.

IN THE CIRCUIT COURT OF THE STATE OF WYOMING

IN AND FOR [________________________________] COUNTY

SMALL CLAIMS DOCKET

DEFENDANT'S ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIM

FILING DEADLINE NOTICE

Under Wyoming small claims procedure, the defendant is not required to file a formal written answer before the hearing. However, filing a written answer is strongly recommended to preserve affirmative defenses and counterclaims. The defendant must appear on the hearing date stated in the Notice of Small Claim. If you wish to file a counterclaim, you should file it in writing and serve it upon the Plaintiff at least forty-eight (48) hours before the scheduled hearing. See W.S. § 1-21-204; Wyoming Rules and Forms Governing Small Claims Cases. Failure to appear at the hearing may result in a default judgment.

• Date Notice of Small Claim was served on Defendant: [__/__/____]
• Scheduled hearing date: [__/__/____]
• Counterclaim filing deadline (48 hours before hearing): [__/__/____]
• Date this Answer is being filed: [__/__/____]

Note: Service must be made between 3 and 12 days before the scheduled hearing date. If you were served outside this window, contact the Clerk immediately to challenge the adequacy of service.

I. DEFENDANT INFORMATION

Defendant appears in this action:

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

Note: Under Wyoming small claims procedure, attorneys are permitted to represent parties. However, small claims proceedings are designed for informal, self-represented participation. If one party has an attorney, the other party may also retain one. See W.S. § 1-21-203.

II. PRELIMINARY STATEMENT

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

2. This Answer is filed in the Circuit Court of [________________________________] County, Wyoming, Small Claims Docket, pursuant to W.S. § 1-21-201 et seq. and the Wyoming Rules and Forms Governing Small Claims Cases.

3. Defendant received service of the Notice of Small Claim on [__/__/____], with a scheduled hearing date of [__/__/____].

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.

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:

1. [________________________________]

2. [________________________________]

3. [________________________________]

4. [________________________________]

5. [________________________________]

6. [________________________________]

7. [________________________________]

8. [________________________________]

Note: Wyoming small claims proceedings are informal. The judge will hear testimony from both parties and examine evidence. Prepare a clear, chronological summary of events and bring all supporting documents, photographs, receipts, contracts, and other evidence 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 Notice of Small Claim 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 Wyoming law.

Defense No. 2: Statute of Limitations

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

• W.S. § 1-3-105(a)(i): Ten (10) years for actions on written contracts, written promises, or written agreements
• W.S. § 1-3-105(a)(ii): Eight (8) years for actions on contracts not in writing, express or implied
• W.S. § 1-3-105(a)(iv)(A): Four (4) years for actions for personal injury
• W.S. § 1-3-105(a)(iv)(B): Four (4) years for actions for injury to the rights of another not arising from contract
• W.S. § 1-3-105(a)(iv)(C): Four (4) years for actions for relief on the ground of fraud (from discovery)
• W.S. § 1-3-105(a)(iv)(D): Four (4) years for actions for property damage
• W.S. § 1-3-105(a)(iii): Five (5) years for trespass on lands
• W.S. § 34.1-2-725: Four (4) years for sale of goods under the UCC

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 / Real Party in Interest

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

Defense No. 6: Improper Service of Process

Service of process was insufficient, untimely, or otherwise defective. Under Wyoming small claims rules, the defendant must be served within a window of 3 to 12 days before the scheduled hearing date. Service outside this window is defective.

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 Wyoming's modified comparative fault statute, W.S. § 1-1-109, Plaintiff's own negligence or fault caused or contributed to any damages alleged. Under Wyoming law, if Plaintiff's negligence is equal to or greater than 51% of the total fault, Plaintiff is barred from recovery entirely. If Plaintiff's negligence is less than 51%, 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: 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 W.S. § 1-21-204.

IMPORTANT NOTICE REGARDING COUNTERCLAIMS

• A counterclaim should be filed in writing and served upon the Plaintiff at least forty-eight (48) hours before the scheduled hearing date. Local rules may vary — confirm with the Clerk.
• If the counterclaim amount does not exceed $6,000 (exclusive of interest and costs), the case remains on the small claims docket. See W.S. § 1-21-201.
• If the counterclaim amount exceeds the small claims jurisdictional limit of $6,000, the case may be transferred to the regular civil docket of the Circuit Court.
• Contact the Clerk's office if you wish to file a counterclaim and need the appropriate form.
• The Plaintiff will be given an opportunity to respond to the counterclaim at the hearing.

A. Counterclaim Parties

B. Jurisdiction and Venue

This counterclaim is properly brought on the small claims docket of the [________________________________] County Circuit Court because:

☐ The amount in controversy does not exceed $6,000, exclusive of interest and costs (W.S. § 1-21-201)
☐ The counterclaim arises from the same transaction or occurrence as the Notice of Small Claim
☐ Venue is proper in this county

C. Type of Counterclaim

☐ Breach of Contract (written)
☐ Breach of Contract (oral / implied)
☐ Property Damage
☐ Return of Security Deposit (W.S. § 1-21-1208)
☐ Unpaid Wages / Services Rendered
☐ Money Had and Received / Unjust Enrichment
☐ Fraud / Misrepresentation
☐ Breach of Warranty
☐ Conversion of Property
☐ Trespass
☐ 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 (W.S. § 40-14-106: 10% per annum or the contract rate, whichever is lower)
☐ 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
☐ 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 Notice of Small Claim 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 penalty of perjury under the laws of the State of Wyoming 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: [__/__/____]

State of Wyoming
County of [________________________________]

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

________________________________________
Notary Public for the State of Wyoming
My Commission Expires: [__/__/____]

Note: Notarization is not strictly required for all Wyoming small claims answers, but verification under oath strengthens the document and may be required for counterclaims. Confirm local practice with the Circuit Court Clerk.

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:

[________________________________]
[________________________________]

☐ Other method: [________________________________]

Note: Service must comply with the Wyoming Rules and Forms Governing Small Claims Cases. Retain proof of mailing or delivery 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 Notice of Small Claim
☐ All contracts, agreements, 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
☐ 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 informally. The judge will hear testimony from both sides.
• Formal rules of evidence do not strictly apply in small claims proceedings, but the judge may exclude irrelevant evidence. See W.S. § 1-21-203.
• There is no jury in Wyoming small claims proceedings. The judge will decide the case.
• 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.
• Continuances may be granted upon good cause shown by contacting the Clerk before the hearing date.

XI. FILING REQUIREMENTS AND FEES

A. Filing Fee

☐ Filing fee paid: $[________________________________]
☐ Fee waiver / deferral application submitted (In Forma Pauperis affidavit)

B. Filing Methods

☐ In person at the Circuit Court Clerk's office
☐ By mail to the Circuit Court Clerk

Note: Check with the specific county Circuit Court for availability of electronic filing.

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:

• Appeals from small claims court are taken to the District Court. See W.S. § 1-21-205.
• The appeal must be filed within thirty (30) days from the date the judgment is entered.
• Appeals are reviewed on questions of law only, not for a review of the sufficiency of the evidence. This means the District Court will not rehear the facts but will review whether the Circuit Court applied the law correctly. See W.S. § 1-21-205; W.R.A.P.
• An appeal filing and docketing fee of approximately $100.00 is required.
• If you wish to stay execution of the judgment during the appeal, you must post a bond.

B. Judgment Enforcement

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

• Wage garnishment pursuant to W.S. § 1-15-101 et seq.
• Execution on personal property
• Recording a judgment lien against real property (W.S. § 1-17-301 et seq.)
• Other lawful collection methods available under Wyoming law

IMPORTANT PRACTICE NOTES FOR WYOMING SMALL CLAIMS

Jurisdictional Limit

Wyoming small claims court has jurisdiction over civil actions where the amount in controversy does not exceed $6,000, exclusive of interest and costs. See W.S. § 1-21-201.

No Formal Answer Required

Wyoming small claims rules do not require the defendant to file a formal written answer before the hearing. The defendant's primary obligation is to appear on the hearing date. However, filing a written answer preserves affirmative defenses and demonstrates preparation. See Wyoming Rules and Forms Governing Small Claims Cases.

Attorney Representation

Attorneys are permitted in Wyoming small claims court. However, the proceedings are designed to be accessible to self-represented parties. If one party retains an attorney, the other party may also retain one.

No Jury Trial

Jury trials are not available in Wyoming small claims proceedings. The case is decided by the Circuit Court judge. See W.S. § 1-21-203.

Discovery Rules

Formal discovery (interrogatories, depositions, requests for production) is not available in small claims proceedings. Bring all supporting documents and witnesses to the hearing.

Transfer to Regular Civil Docket

Either party may seek transfer of the case to the regular civil docket of the Circuit Court if the claim exceeds small claims complexity or if the counterclaim exceeds the $6,000 jurisdictional limit. Formal rules of procedure and evidence apply on the regular civil docket.

Service Window

Under Wyoming small claims rules, the defendant must be served between 3 and 12 days before the scheduled hearing date. Service outside this window may be challenged as defective.

Sources and References

• Wyoming Judicial Branch – Small Claims: Wyoming Courts
• Wyoming Rules and Forms Governing Small Claims Cases: Wyoming Courts
• Wyoming Rules of Civil Procedure for Circuit Courts: Wyoming Courts
• W.S. Title 1, Chapter 21, Article 2 – Procedure for Small Claims: Justia
• W.S. § 1-21-201 – Procedure Generally: Justia
• W.S. § 1-3-105 – Statutes of Limitations: Justia
• Wyoming Rules for Fees and Costs for Circuit Courts: Wyoming Courts
• Wyoming Small Claims Courts Overview: FindLaw
• Wyoming Civil Statute of Limitations: FindLaw
• Wyoming Small Claims Guide: Debitura