Vermont Small Claims Response Options: Agree, Disagree, or Counterclaim

Three Choices, One Form

When you're served with a small claims complaint in Vermont, your response goes on Form 100-00126 — the official Small Claims Answer. The form structures your options into clear categories, and which box you check determines what happens next in your case.

You have 30 days from the date of service to file your answer with the Civil Division clerk and serve a copy on the plaintiff. Here's what each option means and when it makes sense.

Option 1: Disagree with the Claim

Check the "I disagree" box in Section 1 if you believe you don't owe the money — all of it or part of it. The form asks for a brief, non-technical statement explaining why. You don't need legal language. A few sentences describing your side of the dispute is enough.

What happens next: the court clerk schedules a formal hearing and sends a notice to both parties. You'll present your evidence, the plaintiff presents theirs, and a judge decides.

Use this when:

• You dispute the facts (the work was completed, the deposit was properly withheld, the damage wasn't your fault)
• You dispute the amount (the plaintiff is claiming more than is owed)
• You believe you have a valid legal defense (statute of limitations expired, wrong person named, the claim exceeds the $10,000 limit)

You can disagree with part of the claim and acknowledge the rest. For example, you might admit you owe $1,200 but dispute the remaining $3,800 the plaintiff claims. Explain this in your statement.

Option 2: Agree and Pay

Check the "I agree" box if you acknowledge the full amount is owed. You then have two sub-options:

Pay in full within 30 days. A judgment is entered for the claimed amount. No hearing is scheduled. You pay the plaintiff directly and the case is over once they file Form 100-00290 confirming payment.

Propose an installment plan. Specify the dollar amount per payment, frequency (weekly, biweekly, monthly), and start date. A judgment is entered, but if the plaintiff objects to your proposed schedule, the court will hold a hearing to set enforceable payment terms.

Use this when:

• You know you owe the money and want to resolve the case quickly
• You can't pay all at once but want to show good faith with a structured plan
• You want to avoid the stress and time of a hearing

Be realistic about installment amounts. A plan you can actually sustain is better than an aggressive one you'll default on.

Option 3: File a Counterclaim

Section 3 of Form 100-00126 lets you file a counterclaim — your own monetary claim against the plaintiff arising from the same dispute. This is procedurally equivalent to suing the plaintiff within the existing case.

The counterclaim cap is $10,000. If your claim exceeds that, you can either cap it at $10,000 (permanently waiving the excess) or file a separate action in the general Civil Division ($295 filing fee) and move to consolidate.

Counterclaim filing fees: $25 for claims of $500 or less, $35 for claims between $501 and $10,000. Pay when you submit your answer.

Use this when:

• A contractor sued you for unpaid work, but their incomplete work caused you additional expenses
• A landlord claims unpaid rent, but they failed to return your security deposit within the 14-day statutory window
• A buyer claims a defective product, but they damaged it after purchase and you have repair costs

You can file a counterclaim while also disputing the plaintiff's claim. The two run together at the same hearing.

What to Submit With Your Answer

Regardless of which option you choose, your filing package needs:

1. Completed Form 100-00126 — with the appropriate boxes checked and statements filled in
2. Certificate of Service (Form 100-00260) — confirming you served a copy of your answer on the plaintiff
3. Counterclaim fee — if applicable ($25 or $35)
4. Disclosure of Exempt Income (Form 100-00128) — if your income is protected under state or federal law (Social Security, SSI, TANF/Reach Up, certain wage amounts)
5. Fee waiver application (Form 600-00228) — if you can't afford filing or counterclaim fees

File with the Civil Division clerk in the county listed on your summons. You can file in person, by mail, by email (PDF with /s/ typed signature), or through Odyssey File & Serve ($14 initial user fee).

Don't Wait to Decide

The 30-day deadline doesn't flex for indecision. If you dispute all or part of the claim, choose "I disagree" and briefly explain why; a timely Answer gets the disputed case to a hearing. If you're unsure which option fits your situation, seek legal help promptly. Agreeing to the claim and proposing installments admits the amount owed.

The Responding to a Small Claims Case in Vermont guide walks through each response option with annotated form instructions and decision flowcharts, so you can match your situation to the right procedural path before the deadline.

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