13-7-1. Nature of setoff generally.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Setoff does not operate as a denial of the plaintiff’s claim; rather it allows the defendant to set off a debt owed him by the plaintiff against the claim of the plaintiff.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 2840; Code 1868, § 2848; Code 1873, § 2899; Code 1882, § 2899; Civil Code 1895, § 3745; Civil Code 1910, § 4339; Code 1933, § 20-1301.

Cross references

Applicability of statute of limitation to setoff, § 9-3-6. Counterclaim and cross-claim, § 9-11-13. Effect of counterclaim exceeding opposing claim under Civil Practice Act, § 9-11-13. Joinder of claims and remedies under Civil Practice Act, § 9-11-18. Setoff of judgment, § 9-13-75. Equitable setoff, § 23-2-76.

Law reviews

For article, ‘‘Appeals, Interlocutory and Discretionary Applications, and Post-Judgment Motions in the Georgia Courts: The Current Practice and the Need for Reform Legislation,’’ see 44 Mercer L. Rev. 17 (1992).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t13-(v11)-2010-pdf.pdf, Volume V11, 2010 edition, page 480; merge action: annotated; file SHA-256 18573afb153d.