Legal Question in Civil Litigation in District of Columbia

Re: File an answer or motion to dismiss?

In most U.S. jurisdictions, the statute of limitations is an affirmative defense to be pleaded and proved by the party asserting it. Most states' rules of civil procedure allow a defendant to file a motion for summary judgment, in lieu of pleading (answer)at the outset of the case. Still, you are in Small Claims Court, which often have procedural rules of their own which may not incorporate all the rules of procedure governing cases for higher damage amounts. By motion, a party may often ask the small claims court to apply the ordinary rules of civil procedure, where different.

Re: File an answer or motion to dismiss?

Yes, you should file an appropriate answer, including in your response your allegation that the matter is now allegedly time barred under the relevant D.C. statute. (Reference the specific statute and the supporting facts which indicate why this is so.)