DEFENDANT’S ANSWER, AFFIRMATIVE DEFENSES, AND (OPTIONAL) COUNTERCLAIM

Wyoming Small Claims Court – [COUNTY] County Circuit Court

Case No. [__]

TABLE OF CONTENTS

1. Document Header (Caption)
2. Preliminary Statements
3. Specific Responses to Plaintiff’s Allegations
4. Affirmative Defenses
5. Counterclaim (Optional)
6. Prayer for Relief
7. Verification
8. Certificate of Service

1. DOCUMENT HEADER (CAPTION)

IN THE CIRCUIT COURT OF THE STATE OF WYOMING
IN AND FOR [COUNTY] COUNTY – SMALL CLAIMS DIVISION

Case No. [__]

2. PRELIMINARY STATEMENTS

1. Defendant [DEFENDANT NAME] (“Defendant”) appears in proper person [or] by counsel and files this Answer pursuant to the Wyoming Rules for Small Claims Actions (“W.R.S.C.”).
2. Defendant received service of the Notice of Small Claim and Complaint on [DATE OF SERVICE].
3. This Answer is timely because it is filed and served within [NUMBER] days [// GUIDANCE: Confirm the exact response period stated on the Notice of Small Claim—typically the “return date” or the deadline set by the clerk under local practice.]

3. SPECIFIC RESPONSES TO PLAINTIFF’S ALLEGATIONS

[// GUIDANCE: For each numbered allegation in the Complaint, select one of the three responses:
• “Admit” if the statement is true in its entirety.
• “Deny” if any part is untrue.
• “Defendant lacks sufficient knowledge or information to form a belief as to the truth of the allegation and therefore denies the same.”
Be precise—partial admissions require a statement such as “Defendant admits ; Defendant denies .”]

4. AFFIRMATIVE DEFENSES

Without conceding any burden of proof, and reserving the right to amend, Defendant asserts the following defenses:

1. Failure to State a Claim – Plaintiff’s Complaint fails to allege facts upon which relief can be granted.
2. Payment and Satisfaction – The debt, if any, has been paid, set-off, or otherwise satisfied.
3. Statute of Limitations – Plaintiff’s claim is barred, in whole or in part, by applicable limitation periods under Wyoming law.
4. Lack of Standing / Real Party in Interest – Plaintiff is not the proper party to enforce the alleged claim.
5. Improper Service of Process – Service was not completed in compliance with W.R.S.C. or Wyoming law.
6. Accord and Satisfaction / Settlement – The parties reached a binding agreement resolving the disputed obligation.
7. Failure of Consideration – The consideration underlying Plaintiff’s claim failed in whole or in part.
8. Unjust Enrichment – Granting Plaintiff’s demand would result in unjust enrichment.
9. Mitigation – Plaintiff failed to mitigate damages.
10. Any and All Additional Defenses – Defendant reserves the right to assert additional defenses as may be revealed through discovery or at trial.

[// GUIDANCE: Delete defenses that clearly do not apply and add any others supported by the facts. Wyoming requires affirmative defenses be stated with enough detail to give Plaintiff fair notice.]

5. COUNTERCLAIM (OPTIONAL – Within Small Claims Jurisdictional Limit)

1. Nature of Counterclaim – Defendant asserts a counterclaim against Plaintiff for [brief description, e.g., “breach of contract for failure to deliver goods”] in the amount of $[__], exclusive of court costs and allowable interest.
2. Jurisdiction & Venue – This counterclaim falls within the monetary jurisdiction of the Wyoming Small Claims Court and arises from the same transaction or occurrence as Plaintiff’s claim.
3. Factual Allegations –
   a. On or about [DATE], Plaintiff [describe conduct].
   b. As a direct result, Defendant incurred damages of $[__].
4. Relief Requested – Defendant requests judgment against Plaintiff for $[__], plus costs and any other relief the Court deems just.

[// GUIDANCE: Wyoming small-claims defendants must usually file any counterclaim in writing and serve it at least 48 hours before the hearing, but local rules vary. Confirm county-specific practice.]

6. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:

A. Dismiss Plaintiff’s Complaint with prejudice;
B. Enter judgment in favor of Defendant on all affirmative defenses;
C. Award Defendant the amount sought in the Counterclaim (if asserted), plus costs allowed by law; and
D. Grant such further relief as the Court finds just and proper.

7. VERIFICATION

I, [DEFENDANT NAME], being duly sworn, state under penalty of perjury that the foregoing Answer, Affirmative Defenses, and Counterclaim (if any) are true and correct to the best of my knowledge, information, and belief.

Date: [__]

[DEFENDANT NAME]
Defendant

State of Wyoming
County of [COUNTY]

Subscribed and sworn to before me on this _ day of _, 20__, by [DEFENDANT NAME].

Notary Public for the State of Wyoming
My Commission Expires: _______

[// GUIDANCE: Many Wyoming circuits do not strictly require notarization for pro-se answers; however, verification under oath increases credibility and may be required for counterclaims. Confirm local requirement.]

8. CERTIFICATE OF SERVICE

I certify that on the ___ day of ____, 20__, I served a true and correct copy of this Answer, Affirmative Defenses, and Counterclaim (if any) on:

• [PLAINTIFF NAME] at [Plaintiff’s address of record]
• [PLAINTIFF’S COUNSEL, if any] at [Counsel’s address of record]

by: ☐ Hand Delivery ☐ First-Class Mail ☐ Certified Mail ☐ Other: _____

[DEFENDANT NAME]
Defendant

[// GUIDANCE: Service methods must comply with W.R.S.C. Rule 4. Keep proof of mailing or delivery.]

ADDITIONAL GUIDANCE FOR WYOMING SMALL CLAIMS ANSWERS

1. Filing Deadline – The deadline is normally the “return date” stated on the Notice of Small Claim (often 10–15 days after service) or any date ordered by the court. Always confirm with the clerk.
2. Monetary Limit – Wyoming small claims jurisdiction is currently $6,000 exclusive of costs and interest. Counterclaims must not exceed this amount.
3. Form & Length – Answers may be handwritten, but typed, numbered responses as provided here are preferred.
4. No Jury – Jury trials are not available in Wyoming small-claims proceedings.
5. Discovery – Formal discovery is limited; bring all supporting documents and witnesses to the hearing.
6. Amendments – Amendments are allowed upon leave of court or by stipulation; move promptly if new facts arise.
7. Removal to Civil Docket – Either party may seek transfer to the regular civil docket (which allows counsel fees and formal discovery) if the claim exceeds small-claims complexity.

[// GUIDANCE: Always verify county-specific local rules or standing orders, as procedural nuances vary among Wyoming circuit courts.]