Recoupment differs from setoff in this respect: Any claim or demand the defendant may have against the plaintiff may be used as a setoff, while only a claim or demand arising out of the same transaction as that sued on by the plaintiff may be used as a recoupment.
History. Orig. Code 1863, § 2851; Code 1868, § 2859; Code 1873, § 2910; Code 1882, § 2910; Civil Code 1895, § 3757; Civil Code 1910, § 4351; Code 1933, § 20-1312.
Cross references.
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 .
Law reviews.
For article comparing the Federal Rules of Civil Procedure to Georgia trial practice procedures prior to the adoption of the Georgia Civil Practice Act, see 1 Ga. St. B.J. 315 (1965).
Structure Georgia Code
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
§ 13-7-8. Allowance of Setoff of Debt of Testator or Intestate Against Representative of Estate
§ 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
§ 13-7-14. Effect of Conflict Between This Chapter and Chapter 11 of Title 9