IN THE SMALL CLAIMS DIVISION OF THE ___ DISTRICT COURT

___ COUNTY, STATE OF ARKANSAS

PLAINTIFF: [PLAINTIFF FULL LEGAL NAME]
DEFENDANT: [DEFENDANT FULL LEGAL NAME]

Case No.: [_]
Division: Small Claims

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

Date Filed: [MM/DD/YYYY]

[// GUIDANCE: Arkansas Small Claims Rules generally require that an Answer be filed within 30 days after service of the Complaint. Verify the service date and calendar the deadline precisely; late filing can result in default judgment.]

TABLE OF CONTENTS

1. Preliminary Allegations ..................................... §1
2. Specific Responses to Complaint ............................. §2
3. General Denial (Alternative) ................................ §3
4. Affirmative Defenses ........................................ §4
5. Counterclaim (Optional) ..................................... §5
6. Prayer for Relief ........................................... §6
7. Reservation of Rights ....................................... §7
8. Verification ................................................ §8
9. Certificate of Service ...................................... §9

§1 PRELIMINARY ALLEGATIONS

1.1 Defendant [DEFENDANT NAME] appears and answers the Small Claims Complaint filed by Plaintiff [PLAINTIFF NAME] on or about [MM/DD/YYYY].

1.2 This Court has subject-matter jurisdiction pursuant to Arkansas small-claims jurisdictional limits (currently $5,000 exclusive of interest and costs) and personal jurisdiction over the parties.

§2 SPECIFIC RESPONSES TO COMPLAINT

[// GUIDANCE: Mirror each numbered paragraph of the Complaint. If the Complaint is unnumbered, re-state each allegation in separate sub-paragraphs.]

§3 GENERAL DENIAL (ALTERNATIVE)

Without waiving the specific responses above, Defendant denies each and every allegation not expressly admitted herein.

§4 AFFIRMATIVE DEFENSES

[// GUIDANCE: List only those defenses that have a good-faith basis in fact and law. Arkansas requires affirmative defenses to be pled in the Answer or they may be waived.]

4.1 Failure to State a Claim – The Complaint fails to state facts upon which relief can be granted.

4.2 Statute of Limitations – The alleged claim is barred by the applicable statute of limitations.

4.3 Payment and Accord & Satisfaction – Any amount claimed has been paid in full or otherwise resolved.

4.4 Set-Off/Recoupment – Any liability is subject to set-off for amounts Plaintiff owes Defendant.

4.5 Lack of Standing – Plaintiff lacks legal standing to assert the claims alleged.

4.6 Improper Service – Service of process was insufficient or defective.

4.7 Failure of Consideration – No valid consideration supports the alleged debt/obligation.

4.8 Unjust Enrichment – Awarding Plaintiff the relief sought would unjustly enrich Plaintiff.

4.9 Additional Defenses – Defendant reserves the right to assert any other defenses revealed during discovery or trial preparation.

§5 COUNTERCLAIM (OPTIONAL)

[// GUIDANCE: Arkansas permits counterclaims in Small Claims so long as the amount sought does not exceed the small-claims monetary cap and arises out of the same transaction or occurrence.]

5.1 Defendant realleges and incorporates §1-§4 as though fully set forth.

5.2 Counterclaim Amount: $[__] (exclusive of interest and costs).

5.3 Factual Basis: [Concise statement of facts giving rise to the counterclaim, including dates, amounts, and how Plaintiff’s conduct caused Defendant damages.]

5.4 Legal Basis: [Identify causes of action, e.g., Breach of Contract, Property Damage, etc.]

5.5 Relief Sought:
a. Judgment against Plaintiff in the sum of $[_];
b. Pre-judgment and post-judgment interest as allowed by law;
c. Court costs and reasonable attorney’s fees where permitted; and
d. Such other and further relief as the Court deems just and proper.

§6 PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that the Court:
a. Dismiss Plaintiff’s Complaint with prejudice;
b. Enter judgment in Defendant’s favor on all affirmative defenses;
c. Award Defendant the relief requested in §5 (if applicable);
d. Tax costs against Plaintiff; and
e. Grant such other and further relief as equity and justice require.

§7 RESERVATION OF RIGHTS

Defendant reserves the right to amend this Answer, assert additional affirmative defenses, or modify the Counterclaim as justice may require and as permitted by the Arkansas Small Claims Rules and any applicable scheduling order.

§8 VERIFICATION

[// GUIDANCE: Verification is customary in Arkansas Small Claims practice. The signer must swear or affirm the truthfulness of the Answer.]

I, [DEFENDANT NAME], being first duly sworn, state under penalty of perjury that I am the Defendant in the above-styled action; that I have read the foregoing Answer, Affirmative Defenses, and Counterclaim (if any); and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

[DEFENDANT NAME], Defendant

Subscribed and sworn before me on this _ day of _, 20___.

Notary Public
My Commission Expires: ___

§9 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:

☐ Hand-delivery  ☐ Certified U.S. Mail, Return Receipt Requested
☐ First-Class Mail  ☐ Other: [Specify]

to:
[PLAINTIFF NAME]
[PLAINTIFF ADDRESS]

[DEFENDANT OR DEFENSE COUNSEL NAME]
Address: [____]
Phone: [--]
Email: [________]

[// GUIDANCE:
1. File the signed original with the Clerk of the District Court; retain stamped copies for your records.
2. Confirm filing fee requirements—Answers are generally free to file in Arkansas Small Claims, but counterclaims may trigger a fee.
3. Bring all related documents (receipts, contracts, photographs) to the first court appearance for potential mediation or trial.
]