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Home » US Law » 2022 West Virginia Code » Chapter 56. Pleading and Practice » Article 5. Payment and Setoff

§56-5-2. Payment Into Court After Action Is Brought

In any personal action, the defendant may pay into court, to the clerk, a sum of money on account of what is claimed, or by way of compensation or amends, and plead that he is not indebted to the plaintiff (or that the plaintiff has not sustained damages) to a greater amount than such sum.

§56-5-5. Special Pleas in the Nature of Pleas of Setoff; Verification

In any action on a contract, the defendant may file a plea alleging any such failure in the consideration of the contract, or fraud in its procurement, or any such breach of any warranty to him of the title to real property or of the title or the soundness of personal property, for the price […]

§56-5-8. Setoff as to Part of Demand; Continuance

If the defendant file a plea or account of setoff which covers or applies to part of the plaintiff's demand, judgment may forthwith be rendered for the part not controverted and the costs accrued until the filing of the plea or account, and the case shall be proceeded with for the residue as if the […]

§56-5-9. Status of Defendant With Reference to Setoff; Verdict and Judgment

A defendant who files a plea or account under this article shall be deemed to have brought an action against the plaintiff (at the time of filing the same) for the matters mentioned in such plea or account, and the plaintiff shall not, after the plea or account is filed, dismiss his case without the […]