Tennessee § 20-6-401 - Setoff by co-maker or surety.
Full text of Tennessee Tennessee Code Annotated § 20-6-401 — Setoff by co-maker or surety., with citation guidance and answers to common questions.
§ 20-6-401. Setoff by co-maker or surety.
A co-maker or surety, when sued alone, may, with the consent of the co-maker's or surety's co-maker or principal, use, by way of setoff, any of the debts or demands, held by the co-maker or principal against the plaintiff at the commencement of the action, and matured when offered in setoff, but the plaintiff may meet it in the same way as if made by the co-maker or principal who originally held the debts or demands. Code 1858, § 2920; Shan., § 4641; mod. Code 1932, § 8770; T.C.A. (orig. ed.), § 20-1003; modified. Cross-References. Counterclaim and cross-claim, Tenn. R. Civ. P. 13. Textbooks. Tennessee Jurisprudence, 22 Tenn. Juris., Setoff, Recoupment and Counterclaim, §§ 2, 7. Law Reviews. Permissible Joinder, Counter Declarations and Crossbills: The Tennessee Procedure (Larry S. Banks), 37 Tenn. L. Rev. 401.
Source: official Tennessee text · Last verified 2026-08-27
Frequently Asked Questions About Tennessee § 20-6-401
What does Tennessee Code Annotated § 20-6-401 cover?
Section 20-6-401 ("Setoff by co-maker or surety.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. 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 Tennessee § 20-6-401?
A common citation format is "Tennessee Code Annotated § 20-6-401" (Tennessee). 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 Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 20-6-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee 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 Tennessee.