Vermont Small Claims Defendant Rights and Tips for Pro Se Defendants

Being named as a defendant in a Vermont small claims case does not mean you have already lost. You have specific procedural rights — from the right to dispute the claim entirely, to the right to file your own counterclaim, to the right to represent yourself without a lawyer. Knowing these rights before you walk into the process makes the difference between a structured response and a panicked one.

Your Right to Respond

Under V.R.S.C.P. Rule 3(d), you have 30 days from the date of service to file a written Answer (Form 100-00126). That Answer can dispute the claim, agree to it, propose installment payments, or raise a counterclaim. The court cannot enter a judgment against you without giving you this opportunity — as long as you use it within the deadline.

Your Right to Self-Representation

Under 12 V.S.A. § 5536, any individual can appear pro se (representing themselves) in Vermont small claims court. You do not need a lawyer, and the judge expects many defendants to appear without one. The entire small claims process — forms, filing, hearing procedure — is designed for non-lawyers.

If you are a corporation, partnership, or LLC, an officer, director, or authorized employee can represent the business entity. But family members cannot represent an individual party, even with a power of attorney.

Your Right to Dispute

Checking "I disagree" on Form 100-00126 and writing a brief explanation is enough to trigger a full hearing. You do not need to prove your case at the filing stage — just state your position. The hearing is where evidence matters. The plaintiff carries the burden of proving you owe the money; you have the right to cross-examine their witnesses and present your own evidence.

Your Right to Counterclaim

If the plaintiff owes you money from the same transaction or occurrence, you can file a counterclaim for up to $10,000 using Section 3 of Form 100-00126. The filing fee is $25 for claims of $500 or less, or $35 for claims between $501 and $10,000. If your claim exceeds $10,000, you can either cap it at $10,000 (permanently waiving the excess) or file a separate action in the general Civil Division for a $295 filing fee.

Your Right to a Fee Waiver

If you cannot afford court fees — whether for a counterclaim, a post-judgment motion, or an appeal — you can apply for a complete fee waiver using Form 600-00228. The application asks about household income, public assistance benefits, and monthly expenses. If approved, all state-assessed court fees and sheriff service costs are waived.

Your Right to Accessible Proceedings

Vermont courts provide interpreters and communication support at no cost. If you need language translation or ADA accommodations, request them through the clerk's office before your hearing. The Vermont Communication Support Project (VCSP) also provides support for people with communication disabilities.

The Vermont Judiciary uses Zoom for remote hearings. If travel to the county courthouse is difficult, ask the clerk whether a remote option exists for your hearing date.

Practical Tips for Defendants

File your Answer early. Waiting until Day 29 leaves no margin for mail delays or e-filing glitches.

Keep copies of everything. Every form you file, every document you serve on the plaintiff, every receipt or confirmation — keep a copy. If there is ever a question about whether you filed on time, your records are your proof.

Organize evidence before the hearing. Bring printed copies of contracts, receipts, photographs, emails, and text messages. The judge will not look at your phone screen. Submit audio, video, and other non-PDF digital evidence before the hearing; if you are e-filing, upload digital exhibits through Odyssey File & Serve, otherwise follow the hearing notice for VDEP instructions.

Do not negotiate away your deadline. Settlement talks do not pause the 30-day Answer deadline or a scheduled hearing date. File your Answer on time even if you are actively negotiating with the plaintiff.

For a complete walkthrough of the defendant's process — from reading the complaint through the hearing and post-judgment options — the Responding to a Small Claims Case in Vermont guide covers every step.

See more Vermont guides →