$0 Vermont Small Claims Response Checklist

Vermont Small Claims Answer Form 100-00126: Line-by-Line Guide

Form 100-00126 is the official Answer form for Vermont small claims cases. It is the document that tells the court whether you dispute the claim, agree to it, or want to file your own counterclaim. Getting it right matters — an incomplete or unclear Answer can create problems at the hearing stage.

The form is available free from the Vermont Judiciary Forms Library or included in your service packet. Here is how to fill it out.

Header Section: Case Information

Copy the court unit (county), docket number, plaintiff name, and defendant name exactly as they appear on the Complaint (Form 100-00257) you received. Mismatched names or docket numbers can delay processing.

Section 1: Your Response

This section asks the core question: do you owe the money? You have three options.

"I disagree" — Check this if you dispute owing all or part of the claimed amount. Write a brief, non-technical explanation of your position. You do not need legal language. Something like "The work was not completed as agreed" or "The damage existed before my tenancy and photos prove it" is sufficient. Filing a dispute triggers a hearing where both sides present evidence.

"I agree and will pay within 30 days" — Check this if you acknowledge the full amount. The court enters judgment and you pay. No hearing.

"I agree and request installment payments" — Check this if you owe the money but cannot pay all at once. Specify the dollar amount, frequency (weekly, monthly), and start date. The court enters judgment based on your proposal. If the plaintiff objects to the terms, the court holds a hearing to set a payment schedule.

Section 2: Exempt Income

If your income comes from protected sources — Social Security, SSI, TANF/Reach Up, general assistance, or certain other benefits — check the exemption box here. You will also need to complete a Disclosure of Exempt Income (Form 100-00128) and optionally a Financial Disclosure (Form 100-00127). Claiming exempt status means that even if a judgment is entered against you, certain income and assets cannot be garnished.

Review the List of Exemptions (Form 100-00511) to see what qualifies under 12 V.S.A. § 2740.

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Section 3: Counterclaim

If the plaintiff owes you money from the same dispute, use this section to file a counterclaim. State the amount (up to $10,000) and a brief explanation of why the plaintiff owes you. A counterclaim is procedurally equivalent to suing the plaintiff within the existing case — the court resolves both claims at the same hearing.

Counterclaim filing fees: $25 for amounts of $500 or less, $35 for $501–$10,000. If you claim more than $10,000 here, you permanently waive the excess above $10,000.

Signature and Date

Sign and date the form. If filing electronically, you can use a typed name preceded by /s/ (e.g., /s/ Jane Doe) in place of a physical signature.

After Completing the Form

File it with the court — in person, by mail, by email as a flattened PDF, or through Odyssey File & Serve.

Serve a copy on the plaintiff on the same day, by first-class mail, email, or hand delivery.

File a Certificate of Service (Form 100-00260) confirming you served the plaintiff. This is a separate form and a separate requirement — skipping it leaves a gap in the court record.

All three steps must happen within 30 days of being served.

For detailed worksheets that walk through the entire response process — including deadline verification, evidence organization, and hearing prep — the Responding to a Small Claims Case in Vermont guide covers Form 100-00126 alongside every other step.

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