2021 Georgia Code
Title 13 - Contracts
Chapter 7 - Setoff and Recoupment
§ 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.
(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; Code 1933, § 20-1302.)
Cross references.- Counterclaim and cross-claim, § 9-11-13.
Joinder of claims and remedies under Civil Practice Act, § 9-11-18.
Law reviews.- For article comparing sections of the Georgia Civil Practice Act with preexisting provisions of the Georgia Code, see 3 Ga. St. B.J. 295 (1967).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- Application
RESEARCH REFERENCES
Am. Jur. 2d.
- 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, §§ 142, 143, 148.
C.J.S.- 80 C.J.S., Set-off and Counterclaim, § 1 et seq.
ALR.
- Right to setoff deposit in insolvent bank against indebtedness to bank, 25 A.L.R. 938; 82 A.L.R. 665; 97 A.L.R. 588.
Character of claims available by way of setoff, counterclaim, or recoupment in action on construction contract, 46 A.L.R. 393.
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.
Availability as setoff or counterclaim of claim in favor of one alone of several defendants, 81 A.L.R. 781.
Right of setoff by or against bank or trust company as affected by division of its business into departments, 81 A.L.R. 1508.
Set-off as between dividends from assets of insolvent bank or other corporation and liability of creditors as stockholders, 91 A.L.R. 326.
Counterclaim or setoff as defense to proceeding to revive judgment, 131 A.L.R. 802.
Right of setoff as between debt represented by instrument held in pledge to secure debt of owner (third person) and debt of pledgee to obligor of such instrument, 145 A.L.R. 1006.
Right of attorney to set off claim for unrelated services against client's claim for money collected, 173 A.L.R. 429.
Waiver or estoppel with respect to debtor's assertion, as setoff or counterclaim against assignee, of claim valid as against assignor, 51 A.L.R.2d 886.
