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

Full text of Georgia Official Code of Georgia Annotated § 13-7-13 — Actions in which recoupment may be pleaded; procedure where damages of defendant exceed damages of plaintiff., with citation guidance and answers to common questions.

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

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 1863, § 2853; Code 1868, § 2861; Code 1873, § 2912; Ga. L. 1878-79, p. 147, § 1; Code 1882, § 2912; Civil Code 1895, § 3759; Civil Code 1910, § 4353; Code 1933, § 20-1314.) Cross references. - Counterclaim and cross-claim, § 9-11-13 . Joinder of claims and remedies under Civil Practice Act, § 9-11-18 .

Source: official Georgia text · Last verified 2026-08-27

Frequently Asked Questions About Georgia § 13-7-13

What does Official Code of Georgia Annotated § 13-7-13 cover?

Section 13-7-13 ("Actions in which recoupment may be pleaded; procedure where damages of defendant exceed damages of plaintiff.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Georgia § 13-7-13?

A common citation format is "Official Code of Georgia Annotated § 13-7-13" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Georgia law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.

How does Georgia § 13-7-13 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.