§ 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 terms as may be prescribed by the court. History. Orig. Code 1863, § 2849; Code 1868, § 2857; Code 1873, § 2908; Code 1882, § 2908; Civil Code 1895, § 3755; […]
§ 13-7-12. Grounds for Allowance of Recoupment Generally
Recoupment lies for overpayments by the defendant or for payments by fraud, accident, or mistake. History. Orig. Code 1863, § 2852; Code 1868, § 2860; Code 1873, § 2911; Code 1882, § 2911; Civil Code 1895, § 3758; Civil Code 1910, § 4352; Code 1933, § 20-1313.
§ 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 the defendant exceed those of the plaintiff, the defendant shall be awarded the amount of such excess from the plaintiff. History. Orig. Code 1863, § 2853; Code 1868, § 2861; […]
§ 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 conflict.