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Georgia Statutes, Title 13

Georgia/Statutes

← All Georgia coverage

Title 13

11 chapters · 194 sections in this title.

All chapters in Title 13194 Ch 8, ILLEGAL AND VOID CONTRACTS GENERALLY48 Ch 4, MODIFICATION, EXTINGUISHMENT, AND RE…27 Ch 10, CONTRACTS FOR PUBLIC WORKS23 Ch 3, ELEMENTS AND FORMATION GENERALLY19 Ch 6, DAMAGES AND COSTS GENERALLY15 Ch 7, SETOFF AND RECOUPMENT14 Ch 1, GENERAL PROVISIONS13 Ch 5, DEFENSES13 Ch 11, PROMPT PAYMENT11 Ch 9, CONTRACTS FOR FUTURE DELIVERY OF COT…7 Ch 2, CONSTRUCTION4

14 sections·Filtered byTitle 13✕Ch 7✕

O.C.G.A. § 13-7-1 Nature of setoff generally
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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. (Orig. Code 1863, § 2840; Code 1868, § 2848; Code 1873, § 2899; Code 1882, § 2899; Civil Code 1895, § 3745;…
O.C.G.A. § 13-7-10 Allowance of setoff of value of improvements against claim for mesne profits
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The value of improvements made by one bona fide in possession under a claim of right may be set off against a claim for mesne profits. (Orig. Code 1863, § 2847; Code 1868, § 2855; Code 1873, § 2906; Code 1882, § 2906; Civil Code 1895, § 3753; Civil Code 1910, § 4347; Code 1933, §…
O.C.G.A. § 13-7-11 Allowance of setoff of debt not due against claim of nonresident or insolvent plaintiff
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If a plaintiff resides outside this state or is insolvent, the defendant may set off against him a debt not due under such equitable terms as may be prescribed by the court. (Orig. Code 1863, § 2849; Code 1868, § 2857; Code 1873, § 2908; Code 1882, § 2908; Civil Code 1895, § 3755…
O.C.G.A. § 13-7-12 Grounds for allowance of recoupment generally

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Recoupment lies for overpayments by the defendant or for payments by fraud, accident, or mistake. (Orig. Code 1863, § 2852; Code 1868, § 2860; Code 1873, § 2911; Code 1882, § 2911; Civil Code 1895, § 3758; Civil Code 1910, § 4352; Code 1933, § 20-1313.)

O.C.G.A. § 13-7-13 Actions in which recoupment may be pleaded; procedure where damages of defendant exceed damages of plaintiff

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Recoupment may be pleaded in all actions ex contractu where the plaintiff is liable to the defendant under the same contract. If the damages of the defendant exceed those of the plaintiff, the defendant shall be awarded the amount of such excess from the plaintiff. (Orig. Code 18…

O.C.G.A. § 13-7-14 Effect of conflict between this chapter and Chapter 11 of Title 9

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In the event of a conflict between this chapter and Chapter 11 of Title 9, the latter shall control to the extent of the conflict. CHAPTER 8 ILLEGAL AND VOID CONTRACTS GENERALLY Sec.

O.C.G.A. § 13-7-2 Nature of recoupment generally

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Recoupment is a right of the defendant to have a deduction from the amount of the plaintiff’s damages for the reason that the plaintiff has not complied with the cross-obligations or independent covenants arising under the contract upon which suit is brought. (Orig. Code 1863, § …

O.C.G.A. § 13-7-3 Setoff and recoupment distinguished

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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. (Orig. Code 186…

O.C.G.A. § 13-7-4 Limitations as to claims or demands for setoff generally

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Setoff must be between the same parties and in their own right. (Orig. Code 1863, § 2842; Code 1868, § 2850; Code 1873, § 2901; Code 1882, § 2901; Civil Code 1895, § 3747; Civil Code 1910, § 4341; Code 1933, § 20-1303.)

O.C.G.A. § 13-7-5 Setoff of demands between parties to suits

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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, …

O.C.G.A. § 13-7-6 Setoff of claims or demands against beneficiaries of suits

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If the plaintiff sues for the benefit of another person, a setoff against the beneficiary shall be allowed. (Orig. Code 1863, § 2844; Code 1868, § 2852; Code 1873, § 2903; Code 1882, § 2903; Civil Code 1895, § 3749; Civil Code 1910, § 4343; Code 1933, § 20-1304.)

O.C.G.A. § 13-7-7 Allowance of setoff against original payee in action by holder or transferee of negotiable instrument received under dishonor

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When suit is brought by a holder or transferee on a negotiable instrument received under dishonor, no setoff shall be allowed against the original payee except such as is in some way connected with the debt sued on or the transaction from which it sprang. (Orig. Code 1863, § 2845…

O.C.G.A. § 13-7-8 Allowance of setoff of debt of testator or intestate against representative of estate

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A debt of a testator or intestate is not a proper setoff against a debt contracted with the representative of the estate unless both were contracted during the lifetime of the decedent. (Orig. Code 1863, § 2846; Code 1868, § 2854; Code 1873, § 2905; Code 1882, § 2905; Civil Code …

O.C.G.A. § 13-7-9 Allowance of setoff of distributive share in estate against judgment against legatee or owner of share

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A legatee or owner of a distributive share in an estate may set off such share against a judgment against him unless special reason exists requiring the collection of the judgment. (Civil Code 1895, § 3752; Civil Code 1910, § 4346; Code 1933, § 20-1307.) History of Code section. …