Code of Alabama
Ala. Code § 6-8-86 (2026)
Judgment for Defendant - Compulsory Counterclaims.
✓ official Alabama Legislature (ALISON) text, laws through the 2026 Regular Session
On a compulsory counterclaim, if the claim or demand of the defendant equals the claim or demand of the plaintiff, judgment must be entered for the defendant; if the claim or demand of the defendant exceeds the claim or demand of the plaintiff and the plaintiff is the party liable to its satisfaction, judgment must be entered against him in favor of the defendant for such excess and all costs.
(Code 1886, §2683; Code 1896, §3734; Code 1907, §5865; Code 1923, §10179; Code 1940, T. 7, §357.)
Notes of Decisions
Cited in 2
cases, 1994–2010 · leading case: ROMAR DEV. v. Gulf View Mgmt. Corp., 644 So. 2d 462 (Ala. 1994).
ROMAR DEV. v. Gulf View Mgmt. Corp., 644 So. 2d 462 (Ala. 1994). “I can find no logical basis in the case law of this state for concluding that the common law "indestructibility of recoupment" doctrine should be applied to compulsory counterclaims, offensive in nature (and, thus, not in the nature of recoupment), filed pursuant to Ala.Code…”
Intergraph Corp. v. Bentley Sys. Inc., 58 So. 3d 63 (Ala. 2010). “As noted, neither party argues that a recovery of legal fees under the APA should be exclusive of any fees expended in defending against claims for losses suffered by the opposing party. Similarly, except as hereinafter discussed, neither party argues that amounts billed by the…”
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