2022 Georgia Code
Title 13 - Contracts
Chapter 7 - Setoff and Recoupment
§ 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; Civil Code 1910, § 4339; Code 1933, § 20-1301.
Cross references.
Applicability of statute of limitation to setoff, § 9-3-6 .
Counterclaim and cross-claim, § 9-11-13 .
Effect of counterclaim exceeding opposing claim under Civil Practice Act, § 9-11-13 .
Joinder of claims and remedies under Civil Practice Act, § 9-11-18 .
Setoff of judgment, § 9-13-75 .
Equitable setoff, § 23-2-76 .
Law reviews.
For article, “Appeals, Interlocutory and Discretionary Applications, and Post-Judgment Motions in the Georgia Courts: The Current Practice and the Need for Reform Legislation,” see 44 Mercer L. Rev. 17 (1992).
