O.C.G.A. § 13-7-11 (2019)
Allowance of setoff of debt not due against claim of nonresident or insolvent plaintiff
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.
History
(Orig. Code 1863, § 2849; Code 1868, § 2857; Code 1873, § 2908; Code 1882, § 2908; Civil Code 1895, § 3755; Civil Code 1910, § 4349; Code 1933, § 20-1309.)
Annotations
JUDICIAL DECISIONS
Depositors in insolvent state depository may set off their deposits against notes held by receiver. State v. Brobston, 94 Ga. 95, 21 S.E. 146, 47 Am. St. R. 138 (1894).
Setoff by garnishee against assets of nonresident debtor. - Garnishee can set off any debt, even though not yet due, against assets of nonresident debtor that garnishee holds, comparison of claims will determine amount of indebtedness and assets. Holmes Co. v. Pope & Fleming, 1 Ga. App. 338, 58 S.E. 281 (1907).
City court lacks equity where defendant's plea exceeds plaintiff's demand. - City court has no jurisdiction where defendant pleads nonresidence or insolvency of plaintiff, and further asks a judgment in excess of plaintiff's demand, because affirmative equitable relief is involved. Fuller v. Coker, 24 Ga. App. 418, 101 S.E. 1 (1919).
Cited in Macon Nat'l Bank v. Smith, 40 Ga. App. 150, 149 S.E. 172 (1929); Quitman Cooperage Co. v. People's First Nat'l Bank, 178 Ga. 90, 172 S.E. 17 (1933); Shepard v. Veal, 178 Ga. 535, 173 S.E. 644 (1934); National Sur. Corp. v. Algernon Blair, Inc., 114 Ga. App. 30, 150 S.E.2d 256 (1966).
RESEARCH REFERENCES
Am. Jur. 2d. - 20 Am. Jur. 2d, Counterclaim, Recoupment, and Setoff, § 33.
ALR. - Right to setoff deposit in insolvent bank against indebtedness to bank, 25 A.L.R. 938; 82 A.L.R. 665; 97 A.L.R. 588.
Immaturity of claim against insolvent at time of insolvency proceedings as affecting right of setoff, 43 A.L.R. 1325; 51 A.L.R. 1477.
Right and remedy as regards application of debt due from insolvent as between debts owed by creditor to insolvent, 86 A.L.R. 993.
Set-off as between dividends from assets of insolvent bank or other corporation and liability of creditors as stockholders, 91 A.L.R. 326.
Fractional interest in debt as subject of setoff, 139 A.L.R. 1328.
Bank's right to set off unmatured claims as against receiver, assignee for benefit of creditors, or trustee in bank's right to setoff unmatured claims as against receiver, assignee for benefit of creditors, or trustee in bankruptcy, of insolvent depositor, 37 A.L.R.2d 850.