2025 Code of Georgia
Title 13 - Contracts (Chs. 1 — 12)
Chapter 7 - Setoff and Recoupment (§§ 13-7-1 — 13-7-14)

Annotations

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 Ga. LEXIS 622 (1937).

Opinion Notes

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 & Practice Aids

For comment on Heard v. Melin, 107 Ga. App. 772, 131 S. E.2d 131 (1963), see 26 Ga. B. J. 197 (1963).

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 set off 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.

O. C. G. A. Title 13