2020 Georgia Code
Title 13 - Contracts
Chapter 7 - Setoff and Recoupment
- § 13-7-1. Nature of Setoff Generally
- § 13-7-2. Nature of Recoupment Generally
- § 13-7-3. Setoff and Recoupment Distinguished
- § 13-7-4. Limitations as to Claims or Demands for Setoff Generally
- § 13-7-5. Setoff of Demands Between Parties to Suits
- § 13-7-6. Setoff of Claims or Demands Against Beneficiaries of Suits
- § 13-7-7. Allowance of Setoff Against Original Payee in Action by Holder or Transferee of Negotiable Instrument Received Under Dishonor
- § 13-7-8. Allowance of Setoff of Debt of Testator or Intestate Against Representative of Estate
- § 13-7-9. Allowance of Setoff of Distributive Share in Estate Against Judgment Against Legatee or Owner of Share
- § 13-7-10. Allowance of Setoff of Value of Improvements Against Claim for Mesne Profits
- § 13-7-11. Allowance of Setoff of Debt Not Due Against Claim of Nonresident or Insolvent Plaintiff
- § 13-7-12. Grounds for Allowance of Recoupment Generally
- § 13-7-13. Actions in Which Recoupment May Be Pleaded; Procedure Where Damages of Defendant Exceed Damages of Plaintiff
- § 13-7-14. Effect of Conflict Between This Chapter and Chapter 11 of Title 9
- For comment on Heard v. Melin, 107 Ga. App. 772, 131 S.E.2d 131 (1963), see 26 Ga. B.J. 197 (1963).
JUDICIAL DECISIONS
Right of setoff did not originally exist at common law, and before enactment of this chapter was cognizable only in a court of equity. Robinson v. Lindsey, 184 Ga. 684, 192 S.E. 910 (1937).
OPINIONS OF THE ATTORNEY GENERAL
Holding public employee's final paycheck until state-owned property in employee's possession is returned.
- Treasurer and disbursing officer of Department of Public Safety can hold employee's final paycheck until all state-owned property possessed by employee has been turned in to department. 1970 Op. Att'y Gen. No. 70-145.
RESEARCH REFERENCES
ALR.
- Counterclaim or set-off as affecting rule as to part payment of a liquidated and undisputed debt, 4 A.L.R. 474; 53 A.L.R. 768.
Right of purchaser to acquire and assert outstanding title as against vendor, 40 A.L.R. 1078.
Setting up counterclaim, set-off, or recoupment in reply, 42 A.L.R. 564.
Character of claims available by way of setoff, counterclaim, or recoupment in action on construction contract, 46 A.L.R. 393.
Counterclaim or setoff as affecting rule as to part payment of a liquidated and undisputed debt, 53 A.L.R. 768.
Judgment as a contract within statute in relation to setoff or counterclaim, 55 A.L.R. 469.
Cause of action in tort as counterclaim in action on contract, 68 A.L.R. 451.
Setoff as between claims by or against bankrupt or insolvent and claims by or against trustee in bankruptcy, receiver, assignee, or trustee in insolvency, arising from transaction after bankruptcy or insolvency, 71 A.L.R. 804; 128 A.L.R. 809.
Right to setoff, as against claim for rent accruing subsequent to assignment by lessor or sublessor, claim existing against assignor at time of assignment, 78 A.L.R. 824.
Breach of executory contract occurring after assignment of a right thereunder as subject of recoupment against assignee, 87 A.L.R. 187.
Right of one partner in action at law against him by another partner on a personal claim to set up by counterclaim or otherwise claim arising out of partnership transactions, 93 A.L.R. 293.
Contractual waiver of right of set-off or counterclaim, 98 A.L.R. 602.
Right of endorser of commercial paper to setoff amount which he is obliged to pay thereon against independent indebtedness to insolvent maker or other person antecedently liable, where debt is assigned after making but prior to maturity of paper, 117 A.L.R. 900.
Setoff as between claims by or against bankrupt or insolvent and claims by or against trustee in bankruptcy, receiver, assignee, or trustee in insolvency, arising from transaction after bankruptcy or insolvency, 128 A.L.R. 809.
Overpayments of dividends on preferred stock as deductible in payment of dividends for later years, 10 A.L.R.2d 241.
Tort claim against which period of statute of limitations has run as subject of setoff, counterclaim, cross bill, or cross action in tort action arising out of same accident or incident, 72 A.L.R.3d 1065.
