Georgia Code, Title 13, Chapter 7 - Setoff and Recoupment

• § 13-7-1 - Nature of Setoff Generally
  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...
• § 13-7-2 - Nature of Recoupment Generally
  Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff's damages for the reason that the plaintiff...
• § 13-7-3 - Setoff and Recoupment Distinguished
  Recoupment differs from setoff in this respect: Any claim or demand the defendant may have against the plaintiff may be used as a setoff,...
• § 13-7-4 - Limitations As to Claims or Demands for Setoff Generally
  Setoff must be between the same parties and in their own right.
• § 13-7-5 - Setoff of Demands Between Parties to Suits
  Between the parties themselves, any mutual demands existing at the time of the commencement of the suit may be set off.
• § 13-7-6 - Setoff of Claims or Demands Against Beneficiaries of Suits
  If the plaintiff sues for the benefit of another person, a setoff against the beneficiary shall be allowed.
• § 13-7-7 - Allowance of Setoff Against Original Payee in Action by Holder or Transferee of Negotiable Instrument Received Under Dishonor
  When suit is brought by a holder or transferee on a negotiable instrument received under dishonor, no setoff shall be allowed against the original...
• § 13-7-8 - Allowance of Setoff of Debt of Testator or Intestate Against Representative of Estate
  A debt of a testator or intestate is not a proper setoff against a debt contracted with the representative of the estate unless both...
• § 13-7-9 - Allowance of Setoff of Distributive Share in Estate Against Judgment Against Legatee or Owner of Share
  A legatee or owner of a distributive share in an estate may set off such share against a judgment against him unless special reason...
• § 13-7-10 - Allowance of Setoff of Value of Improvements Against Claim for Mesne Profits
  The value of improvements made by one bona fide in possession under a claim of right may be set off against a claim for...
• § 13-7-11 - Allowance of Setoff of Debt Not Due Against Claim of Nonresident or Insolvent Plaintiff
  If a plaintiff resides outside this state or is insolvent, the defendant may set off against him a debt not due under such equitable...
• § 13-7-12 - Grounds for Allowance of Recoupment Generally
  Recoupment lies for overpayments by the defendant or for payments by fraud, accident, or mistake.
• § 13-7-13 - Actions in Which Recoupment May Be Pleaded; Procedure Where Damages of Defendant Exceed Damages of Plaintiff
  Recoupment may be pleaded in all actions ex contractu where the plaintiff is liable to the defendant under the same contract.If the damages of...
• § 13-7-14 - Effect of Conflict Between This Chapter and Chapter 11 of Title 9
  In the event of a conflict between this chapter and Chapter 11 of Title 9, the latter shall control to the extent of the...

Last modified: October 14, 2016