§ 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 the plaintiff against the claim of the plaintiff. History. Orig. Code 1863, § 2840; Code 1868, § 2848; Code 1873, § 2899; Code 1882, § 2899; Civil Code 1895, § 3745; […]
§ 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 has not complied with the cross-obligations or independent covenants arising under the contract upon which suit is brought. History. Orig. Code 1863, § 2850; Code 1868, § 2858; Code 1873, § […]
§ 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, 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. History. Orig. Code 1863, § 2851; […]
§ 13-7-4. Limitations as to Claims or Demands for Setoff Generally
Setoff must be between the same parties and in their own right. History. Orig. Code 1863, § 2842; Code 1868, § 2850; Code 1873, § 2901; Code 1882, § 2901; Civil Code 1895, § 3747; Civil Code 1910, § 4341; Code 1933, § 20-1303. Cross references. Counterclaim and cross-claim, § 9-11-13 . Joinder of claims […]
§ 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. History. Orig. Code 1863, §§ 2841, 3394; Code 1868, §§ 2849, 3413; Code 1873, §§ 2900, 3465; Code 1882, §§ 2900, 3465; Civil Code 1895, §§ 3746, 5084; Civil Code 1910, §§ 4340, 5668; […]
§ 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. History. Orig. Code 1863, § 2844; Code 1868, § 2852; Code 1873, § 2903; Code 1882, § 2903; Civil Code 1895, § 3749; Civil Code 1910, § 4343; Code 1933, § 20-1304.
§ 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 payee except such as is in some way connected with the debt sued on or the transaction from which it sprang. History. Orig. Code 1863, § 2845; Code 1868, § 2853; […]
§ 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 were contracted during the lifetime of the decedent. History. Orig. Code 1863, § 2846; Code 1868, § 2854; Code 1873, § 2905; Code 1882, § 2905; Civil Code 1895, § 3751; […]
§ 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 exists requiring the collection of the judgment. History. Civil Code 1895, § 3752; Civil Code 1910, § 4346; Code 1933, § 20-1307. History of Code section. This Code section is derived […]
§ 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 mesne profits. History. Orig. Code 1863, § 2847; Code 1868, § 2855; Code 1873, § 2906; Code 1882, § 2906; Civil Code 1895, § 3753; Civil Code 1910, § 4347; Code […]