13-7-3. Setoff and recoupment distinguished.

Active

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

Recoupment differs from setoff in this respect: Any claim or demand the defendant may have against the plaintiff may be used as a setoff, while only a claim or demand arising out of the same transaction as that sued on by the plaintiff may be used as a recoupment.

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, § 2851; Code 1868, § 2859; Code 1873, § 2910; Code 1882, § 2910; Civil Code 1895, § 3757; Civil Code 1910, § 4351; Code 1933, § 20-1312.

Cross references

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.

Law reviews

For article comparing the Federal Rules of Civil Procedure to Georgia trial practice procedures prior to the adoption of the Georgia Civil Practice Act, see 1 Ga. St. B.J. 315 (1965).

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 487; merge action: carried; file SHA-256 18573afb153d.